Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	enter_v	marriage_n	parochial_a	20	3	16.6333	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54680	The ancient, legal, fundamental, and necessary rights of courts of justice, in their writs of capias, arrests, and process of outlary and the illegality ... which may arrive to the people of England, by the proposals tendred to His Majesty and the High Court of Parliament for the abolishing of that old and better way and method of justice, and the establishing of a new, by peremptory summons and citations in actions of debt / by Fabian Philipps, Esq.	Philipps, Fabian, 1601-1690.	1676 (1676)	Wing P2002; ESTC R3717	157,858	399

Book stiled the Good Old Cause dressed in its Primitive lustre said to have been written by R. Fitz-Brian it was insinuated that the distempers of the Nation being so great as they could not admit of a redress and conserve still their old frame things must unavoidably wheel about and fix themselves upon another Basis Providence united the honest party of the victorious Army so as it was resolved that the poor who had nothing to pay their Debts should be freed from the bondage of a perpetual Confinement the corruption of the Laws were become at once both the shame and impoverishment of the Nation and some Expedient was to be had for the freeing of it from so horrid a Cheat Divine providence did by degrees point out a necessity of the change of Government and Kingship being laid aside as unnecessary chargable and dangerous it was devolved into a Commonwealth It being a certain rule that corrupt and degenerate States cannot be perfectly healed and regulated but by stepping into those forms which are the farthest distant from that wherein they were corrupted Backed by an Anonymous Author who being desirous to try an experiment as well projected as that of the cutting the Moon into Stars to make the greater light and save the expence and trouble of Candles and to contrive a way for the ruining at once of many of our fundamental Laws root and branch doth in a Book entituled a Chaos or frame of a Government by way of a Republick printed by the said Livewel Chapman endeavour a creation of new Laws out of a confusion of his own making wherein as a well-willer to the Publique as he stiles himself but a greater to all at home he doth in order and respect which there will be no reason to believe to the Lawyers profit and to the peoples enjoyment of Magna Charta propound National Provincial Subprovincial and Parochial Registries to which Courts all causes of Civil concernment are to be reduced all Suits in Law or Equity to be determined in six months upon a penalty to the Judges and loss of Cause to the Client whether Plaintiff or Defendant if guilty of delay the Judges in Chancery to sit de die in diem the Itinerant Judges to determine all Causes that shall be tryed before them and a Term of a month to be at Westminster-hall after every Circuit for the determination of matters of Law with rules to be given for the Jurisdiction of each Registerial Court a National Registry to be appointed at Westminster to consist of a Register and six Clarks Assistants or Deputies which may have each as many writing and examining Clarks under him as the business shall require each County of England to be one entire Province and those allotted to the Jurisdiction of the said several six Clarks and Deputies viz. so many Counties as are comprised within the several Circuits of the Judges in every Shire-Town a Provincial Register and he to have two Clarks assistants who shall as to the imployment divide the Province only Yorkshire is to have three Clarks assistants who are to divide according to the Ridings Subprovincial Registers to depend upon the Provincial and to have one Clark assistant every Parish or two where one is too little to have one Register and a Clark assistant every person having Estates in two or more Counties shall enter their Estates and Annual values in the National Registry of each Circuit and all that have any claim or right in possession or reversion of Lands of Inheritance of the yearly value of 1000 l. or upwards shall enter it accordingly and of the yearly value of 100 l. and under 1000 l. either in possession or remainder are to enter it with the Provincial Register all persons having Estates above the clear yearly value of 10 l. and under 100 l. are to enter them in the Registry in the Hundred or Wapentake of the Province and all not exceeding 10 l. per annum to be entred in the Parochial Registry all Debts exceeding 1000 l. to be entred with the National Registry all above 100 l. and not exceeding 1000 l. with the Provincial Registry all above 10 l. and not exceeding 100 l. with the Subprovincial Registry and all under 10 l. with the Parochial Register where the Debtor inhabiteth or his Estate lyeth And when such Entries are perfected the National Register shall within 14 days certifie it unto the Provincial who shall within 8 days certifie it to the Subprovincial and he within 6 days to the Parochial Register And where several claims under several titles shall be made unto one and the same thing the Register shall give notice thereof to the several Inhabitants and Tenants thereof the Parochial Register shall likewise certifie to the Subprovincial the Subprovincial to the Provincial and the Provincial to the National Registry the Seal of the National Registry shall be the Great Seal of England to be kept by the Register and his six Clarks and nothing to be sealed but in the presence of the National Register and two of his Clarks assistants each several Province shall have his peculiar seal whereon shall be the Arms or cognisance of the Province City or Corporation wherein the Registry is and shall be in the custody of the particular Register or his Assistants and in like manner for the Subprovincial and Parochial Registries The several Registers where no double claim is entred shall give Certisicates under their seals of any Entries which shall be desired Claims not entred within three months unless in case of Infancy Death or being beyond Sea shall be an absolute bar Entry to be made within three months after the establishing of the Registries Certificates to be made under seal to any that shall desire it which shall be a sufficient warrant for the recovery thereof without any further trouble to the Creditor then to make his claim thereunto All manner of Bargains and Contracts w●ere any Estate of Inheritance Mortgage or Lease shall be made or any right transferred from one to another all Covenants Conditions Considerations and Times of payment in the presence of the several parties shall be made before the several Registers certified under his seal delivered to the Creditor and Counterparts to the other parties And Entries made of payments and discharges of Bargains personally by the parties in the presence of two known witnesses unless where the parties Bargaining shall be sufficiently known to the Register or his Deputy all Marriages to be entred in the Parochial Register the Covenants and Conditions of the Marriage to be entred and certified under the seal of the Register who is also to enter the Christening of every Child deaths and burials of all persons all Wills and Testaments the hiring and wages of Servants to be entred in the Parochial Registries and Certificates under seal given thereof the Fees for entring any Estate of Inheritance in the National Registry 20 s. per page for the two first pages

Soul of Trade and their growing and already gained Riches there may be reckoned in their two Sheriffs Courts twice every week in the Year holden no less than two hundred Actions and Arrests weekly entered and made upon Debts which makes no more disturbance than a quiet putting in of Bail which secures the Debt more than it was before And in all the Counties Cities and Corporations of England and Wales as well as in the City of London the death of a Bailiff Serjeant at Mace or Catchpole is not to be found in the remembrance of the most aged persons And the Writs and Records of the Courts of Westminster from which very many Writs and Proces do Issue and are to be returned into cannot shew any frequency of Writs of Rescues or any assaults made upon the Sheriffs or their Bayliffs in the Execution of them And if the Proposers of this Bill and great Alteration of the Laws will not think themselves to be prejudiced if they should speak according to the Truth and what every man upon the visible evidence of demonstration and Records may rationally believe It cannot be denied but if there be in one County or City two Thousand Writs or Actions of Debt made out in a year to Arrest not above five hundred of them do proceed or come to Appearance and that of that five hundred unagreed there are scarce half of them that are declared against or make any defence and not half of that half ever come to be tryed and that those do also most commonly come to an end or determination Where there is no Demurrers or matters of difficulty in Law or peevishness in some of the parties to occasion the contrary within less than a third Term that many thousands of Actions are both in the Superior courts at Westminster and the Country and hundred court Barons and the inferior Courts determined within a few days weeks or months very many in a quarter of a year and those that remain uncompounded and undispatched do not survive the contention or trouble of half a year after the Suit commenced or begun So that all things considered if the Laws and Praxis in Scotland France Spain Germany Italy Holland Brabant and all the other Kingdoms and Provinces of the Christian world civil and municipal shall be rightly compared with our more happy less troublesome and chargable they will not be found to afford to their people such a quick dispatch of Justice adaequate and ready way unto it as ours have done and will always do if they be not turned out of their old course and channel By an Invention now proposed which will be as illegal as unparallel'd and hath no other precedent or pattern then that late way of proceeding in Actions of Ejectment hatched in the leveling or Oliverian times and hath then and ever since amongst knowing and good men gained no better an esteem then that of a publick grievance and a monstrum horrendum informe ingens cui lumen ademptum spawned and bred up in a Rebellion when Monarchy was Banished and the word of God and Laws of the Land were shamefully and as much as they could be misused For that there is an absurdity confusion and Hysteron Proteron in it putting the Cart before the Horse and making a Declaration which should be after a summons Executed and Appearance entred to precede the Appearance and at the same time go along with the Summons with a prefixion but from one Terme to the next which betwixt Easter and Trinity Terme being but with an Interval of seventeen days Sundays not excepted will be too short peremptory and prejudicial to Defendants and in the Lent Vacation which is commonly three Months and the Summer Vacation which is never less than 15 weeks and sometimes longer may be as inconvenient to Plaintiffs who by the ancient and more legal prefixions with the small distance of time of 15 days from return to return in the Term time might sooner have recovered their Debts appoints no Tryal by Juries nor declares by what certain Authority or Court the Summons shall be made whether by the Parties Plaintiffs or otherwise and gives a promiscuous Conusance of Pleas to all the Courts of Law at Westminster when as all but the court of Common Pleas some cases of priviledge excepted have by our ancient Laws and Magna Charta no jurisdiction or right therein Makes the Summons for a time to come to falsifie the Declaration if at the same time deliver'd with it to suppose it to be already made and the Declaration which supposeth it to be already made and is and ought to be a copy of the Record in the Court wherein the Action is pretended to be laid and intended to be Tryed to say he was Summoned when he was not the Fieri to be a Factum and the future to be a past or present and will create some contradictions when the injured defendant shall come to wage his law make Affidavit of a non Summons or bring his action for damages sustained by a false Affidavit or returne And will be sure enough to produce as necessary effects of causes very many not easie to be altogether foreseen or enumerated mischeifs and inconveniences Overturn and mutilate all our fundamental Laws upon which the Monarchy of England the best of Governments and less arbitrary in the world and the Justice of our Nation have for above one Thousand years been built and established and cut and canton both it and our well tempered Monarchy into little pieces and bring them as near as may be to an unhappy Republique which will neither fit or be for the good of the Nation Deform or almost annihilate our long approved Courts of Justice at Westminster by taking away a great part of the Process and excellent Formes and Proceedings thereof as Adonizebek is said to have done to his Captive Kings when he did cut off their Thumbs and great Toes destroy a great part of the Kings Prerogative which limited and bounded by our Laws and our Kings and Princes Concessions is no more than his just and necessary means of Government and in and by his High court of Chancery superintends over all the Courts of Justice in the Kingdom And as to the Law and Latine part of it and granting out of Writs remedial under his Teste meipso will appear to be a Court as antient as the reason and civility of the Nation from which all the other Courts of Westminster-Hall Country-courts Sheriffs Turns Court-Leets and Baron and all other Courts inferior in the Realm may truly be said to have their beginning the Matrix or Womb of all our Fundamental Laws either before or since Magna Charta which had its birth and being from it the Repository under the King in the absence of Parliaments of Justice in all cases where an appeal to the King or Parliament or the helps of Parliament shall be necessary the Custome of the Nation

and 40 s. for every page more for all Leases Mortgages Jointures Dowers or Debts 10 s. for the first page and 20 s. for the following pages including the Fees for the Certificates for all Entries of Inheritances in Fee in the Provincial Registry 10 s. for the two first pages and 20 s. for every page more for all Leases Mortgages Jointures Dowers or Debts 7 s. 6 d. for the first page and 15 s. for every following page Certificates included for the entry of every Inheritance in Fee in the Subprovincial Registry 7 s. 6 d. for the first page and 10 s. per page for every page after and for all Leases Mortgages Jointures Dowers or Debts 5 s. for the first page and 7 s. 6 d. for every following page for the entries of Inheritances in Fee in every Parochial Registry 5 s. for the first page and 7 s. 6 d. for every page more and for all Leases Mortgages Jointures Dowers or Debts 2 s. 6 d. for the first page and 5 s. for every following page And in case any of the Entries of Debts Leases Mortgages Jointures or Dowers shall not exceed 6 lines Registerially wr●t in the Parochial Registry the Fee thereof shall be but 1 s. the Fees for the Certificates excepted the Fees for Entry and Certificate of every Birth Christening Death Burial in the Parochial Registry if it exceed not 6 lines to be only 6 d. as also for the retainer of any Servant or Apprentice but if it shall exceed the● the Fees to be according as was allotted per page No money shall be recoverable upon any Bargains or Contracts whatsoever unless the same be entred in the Registries as aforesaid within he times limited the Fee of the Seal of the National Registry in all cases of settlement of any Estate Lease Mortgage Jointure or Dower to be 5 l. in all cases of Debt not exceeding 2000 l. the Fee to be 50 s. otherwise 5 l. the Fee of every Provincial Seal in the cases aforesaid 50 s. in all cases of Debt 25 s. and in all cases of Debt Mortgages c. to be 12 s. 6 d. In the National Registry 3 4th parts of the Seal shall be to the Commonwealth and a 4th to the Register and his assistants and Clarks for all entries of each two first pages of every particular Entry and for all the following pages an 8th part only in each Provincial Registry 3 4th parts of the Fees for the Entries and for Seals also to be to the Commonwealth and the 4th to the Register his assistants and Clarks in the Subprovincial Registry 2 parts of 3 of the Entries and Seals to be to the Commonwealth and the 3 to the Register in the Parochial Registry 2 parts of 3 of the Seal to the Commonwealth and the 3 of all the Fees of Entries to be to the Register his Clarks and Deputies Every Clark Assistant or Deputy of the National Registry shall have six sworn Attorneys or Messengers whose care shall be to transmit his several Certificates to the several Registries of the Provinces solicit the causes in the said Registerial Court and have for every cause in every Court-day besides all charges 7 s. 6 d. and no more every Clark assistant in each Provincial Registry shall have 3 Attorneys or Messengers who are to officiate as in the National Registry and have for every cause in which any of them shall be imployed 5 s. for Fee and no more besides charges and expences each Subprovincial shall have 2 Attorneys who shall do the same work and for every Court day shall have for Fee in every cause 4 s. besides all charges each Parochial Registry shall have 2 Attorneys which according to the number of 9725 Parishes in England and Wales will make almost 20000 Attorneys besides their Clarks which with Solicitors and their Clarks added unto them will more then three times exceed the number of Attorneys Solicitors and Clarks if truly accompted now in being whose Fee shall be for every Court day 3 s. besides charges and shall do the like as is before directed every Attorney shall be punished for fraud or neglect and make satisfaction to the Client for all damages and if not able to do it shall be dismissed of his place another chosen and the Client restored to his former condition the Clarks assistants to be chosen by the respective Registers upon security to be given and they are to give directions unto them and be responsal for them each Clark assistant in the Provincial Registry shall make choice of one Attorney and the Register of two The Judges in the several Parish Courts shall be the Register the Minister and the Constable and Churchwardens for the time being whereof in all hearings two to be present with the Register or his Deputy the several Courts to be kept every Thursday fortnight and all matters to be brought to hearing the 3d. Court day and to hold pleas of all Debts not exceeding 10 l. principal and all Estates under 10 l. per annum lying in the same Parish 12 Judges learned in the Law to be appointed by Parliament to attend the National Registerial Court 21 Judges be appointed to attend every Provincial Registerial Court where one Judge at least is to be present with the Register and one Clark assistant when all matters are to be ●eard every month shall be a Court Provincial upon the Tuesday in every week the Subprovincial Court every Friday 3 weeks and the Judges to be the Register and his Assistant and the Minister of the Parish All Summons to be granted upon motion of the party or his Attorney giving security to defray the charges of the party to be S●mmoned if his Action he not good or cause just by the respective Registers their Clarks Assistants or Deputies in writing under their hands unto which of Apparance shall be given either in person or by Attorney the Cause is to proceed but if no Apparance shall be given a second Summons is to be granted under the seal of the Register to which if no Apparance shall be given Judgment shall be given the second day of Apparance and entred in the Court Registry and if agreement intervene not before the next Court day and be entred with the Register Execution shall be granted and the Registers seal put thereon not to be reversed or any appeal admitted Two Vacations in the whole year to be in t● National Registry as to the trying of Causes the one from the first of December to the 10th of February and from the last day of May to the first day of September But that Chaos-maker or good man if any one could find any cause or reason to call him so or some of his Partisans when they shall have remembred it themselves or have heard it from others that the Noble and innocent Earl of Strafford was by false witnesses and accusations remote and improbable inferences strained constructions and never like to