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judgement_n action_n move_v plaintiff_n 2,432 5 10.2606 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A41753 The Grand concern of England explained in several proposals offered to the consideration of the Parliament, (1) for payment of publick debts, (2) for advancement and encouragement of trade, (3) for raising the rents of lands ... / by a lover of his countrey, and well-wisher to the prosperity both of the King and kingdoms. Lover of his countrey and well-wisher to the prosperity both of the king and kingdoms. 1673 (1673) Wing G1491; ESTC R23421 54,704 66

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more in ready Money than formerly we did or need to do were it not for this Act which furnisheth France with our Coyn to pay their Workmen for manufacturing of our Staple-Commodities and greatly exhausteth the Treasure of this Kingdom But if this Act be repealed and Irelands transporting of Raw Hides be prevented then France and other Foreigners must have Leather from England manufactured as formerly they had whereby our Handicraft Tradesmen would be set at work and having work would live handsomely as formerly they did to consume the Provisions and Manufactures of the Kingdom So that to any rational man it must be apparent that this Act hath not answered the end designed nor raised the price of Hides as expected nor can it for Ireland transporting vast quantities of raw Hides beyond the Seas and Importing great quantities of their Hides into England as aforesaid hinders the sale of our Hides or Tanned Leather at any considerable rates either at home or to Foreigners because we want a Consumption at home and Foreigners chuse to buy their raw Hides rather than our Leather by reason they can purchase them at a third part of the price we can afford to sell ours at and by tanning of them employ their own Bark which is a great mischief to the Gentry in England whose Bark by reason thereof sells at very low rates IX THe Ninth thing proposed is That a Court in the nature of a Court of Requests in London be established for Westminster Southwark and all other parts within the Weekly Bills of Mortality and if possible in every City and Town Corporate in England to determine Differences between poor people for small Debts not exceeding 40 s. and for Words Trespasses Assaults and Batteries where the people pay neither Scot nor Lot that so they may not be undone by Law-suits The Court of Requests in London is of excellent use long continuance and hath prevented the ruine of many thousands of Families and might have done far more had it not been limitted to the Liberties of the City whereby all Westminster Southwark Tower-Hamlets Middlesex and Surry within the Weekly Bills of Mortalities wherein the generality of the poor inhabit are excluded their Jurisdiction Of these Poor for want of this Court many are every year undone by Law-Suits commenced against each other for small debts or trivial Actions for Words Assaults or Trespasses the poorest oftentimes proving the proudest most quarrelsome and vexatious These are such who maintain themselves and Families by turning and winding 20 or 40 s. a week which they take upon their credit and employ in buying and selling Butchers-meat Poultery-ware and Fish Herbs Fruit and Roots Boiled-Wheat and Oat-cakes Butter and Eggs and divers other things which they cry about the streets or sell at Tavern-doors or in little Bulks as Orenges Limons Oysters Tape Thred-laces Silk and Ferret Ribbon Childrens Play-things and such like small Commodities whereby they keep their Families from burthening they Parishes wherein they dwell and yet are so poor that they are not rated to the Church and Poor where they trade These people are the greatest part of them most commonly indebted 20 30. or 40 s. apiece for the Stock they trade with nevertheless have more owing to them by the persons they sell their Wares to than when received will pay such their Debts but there are cunning Fellows belonging to the Marshalsey St. Katherines Whitechappel and Westminster pretending to be Baillffs or other Officers placed in every part of London and Westminster and the Suburbs thereof who make it their business to enquire out these Poor and their Creditors and thereupon to contrive some stories whereby to incite their Creditors to make a demand of their Debts and if not presently paid then to arrest the Debtors These Knaves also spend their whole time in promoting differences between the poorer sort of people for frivolous words slight trespasses or pitiful small debts which done they are imployed to arrest men and the person arrested must either presently pay and give satisfaction or put in Bail the which if he cannot do as frequently it happens they cannot they laying their Actions high though the occasion of action be very small then they are hurried over to the Knight Marshals Prison or to some other Goal and put to great expence lose their Credit and Trade and very many of them are utterly ruined by the charge of Arrests Prison Fees and the Suits though the verdict upon their Tryals happen to be for them as most commonly it is there being not one Action in ten brought in those Courts for Words or Trespasses that happens to be according to Law Nevertheless if the said Defendants Demur because the words are not actionable or the Plaintiff have a Verdict and the Defendant move in Arrest of Judgement and the Judgement be Arrested yet in neither of these Cases hath the Defendant any Costs so that both Plaintiffs and Defendants spend their money in vain and the Parishes where the Defendants inhabit are frequently forced to redeem them out of the Marshalseys White Chappel St. Katharines and other Goals or otherwise they should lie and starve in Prison though the Cause of Action were but a Trifle the Charges and Fees oftentimes falling out to be four five or six times as much as originally the Action was brought for by reason whereof the recovering of 4 d. 6 d. or 12 d. sometimes costs 3 l. 4 l. or 6 l. Whereas if the Court desired were erected to end these Differences in a summary less expensive and more expeditious way the utter ruine of some hundreds if not thousands of Families would be every year prevented the Parish charges greatly lessened and quarrelsome vexatious Suits for small Debts of 40 s. or under or for Trespasses Assaults or words would be prevented In London no Freeman within the Liberties dwelling can be arrested or sued for any Debt under Forty shillings the Court of Conscience or Requests sits at Guildhal Wednesday and Saturdays in every week to hear Complaints and take course therein Upon any Complaint they first send a Summons to the party complained against and that is served upon him by a sworn Officer and costs 6 d. which done the next Court day the Plaintiff must attend and call the Defendant and enter his own appearance else is non-suited loseth his Summons and must begin again but the Defendant runs no hazard in not appearing the first day If the Defendant appear the second Court day after Summons he prevents an Attachment and is ordered to pay his debt for which the Plaintiff pays 4 d. If the Defendant fail to appear the second Court day before the Court riseth the Court grants an Attachment which costs being executed amount to 1 s. 10 d. The Officer serves this Attachment so soon as he can find the Defendant which done he gives the Plaintiff notice that the Defendant will meet him next Court day and that costs 4 d. more