Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	assign_v	error_n	writ_n	4,504	5	9.8539	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25540	An Answer to a paper entituled The Grievances of His Majesty's subjects residing within the principality of Wales in respect of the Court of the Council in the Marches of Wales : with the particular conveniences of that court.		1689 (1689)	Wing A3332; ESTC R29059	10,740	17

d. which with the Copy of the Bill Dedimus Drawing Answer and Expence of Commissioners c. will amount to forty or fifty Shillings notwithstanding the Debt or Damages in demand is not really 6 d. To avoid which Expence and especially when they are sued and molested by beggarly People the Defendants in such Actions tho' there be no cause of Action against 'em do chuse rather to compound with the Plaintiff than to answer the Action with so great an Expence which gives great encouragement to Cursitors and other litigious poor People to bring and multiply vexatious Actions in the said Court whereby the mean and ignorant sort of People within the same Jurisdiction are very much impoverished IV. Herein also the Author of the said Paper is very disingenuous for that the Defendant hath always a Dedimus to answer of course without paying one Penny to the Plaintiff or his Attorney neither is the Plaintiff or Defendant forced to take out any Copies of the Proceedings in Debts or Trespasses under 〈◊〉 Pounds but each Party by his Clerk or Attorney hath access to the Original Records to peruse them at pleasure without Fee and to take such Notes thereof gratis as he thinks fit nay when the Cause comes to hearing the Parties to avoid charge are admitted in these small Causes to carry the Records themselves to their Counsel for their Instructions But if the Cause be a matter of Title of Land in Equity or Debt or Trespass above Ten Pound value then the Records are to be copied in the Office for which Copy the Party is to pay four Pence a Sheet each Sheet to contain twelve lines and sixteen words in each line which is not above half the Charge of copying in Westminster-Hall and the Great Sessions V. That the Processes for Contempt in the said Court were generally directed not to the Sheriffs but to private persons nominated by the Plaintiff who are not sworn Officers as well as to Pursuivants and Serjeant at Arms by whom several poor People are usually forced from their own habitations being an hundred miles distance to Prison to the Lodge at Ludlow for the non-payment of the unreasonable and great Fees demanded by such Officers V. The first Process is in nature of a Summons and so in effect is the second called a Contempt upon either of which no person is arrested or holden to Sureties as in other Courts but after if the Defendant continues obstinate and will not appear he is arrested upon a Process directed to the Sheriff and other special Bailiffs but never carried to any Prison if with one Surety he will enter into Bond of 10 l. penalty to appear upon the Return of this third Process and if upon this third Process he refuses to give Bond to appear he is never carried out of the County to any Prison unless it be in some very extraordinary Cause of Contempt upon breach of Orders so that if any Prejudice does arise to him in this respect he may thank hinself for the mischief which he might have prevented by two Summons or a Bond for Appearance and if there be any Error in these Proceedings the Court upon Information orders the Plaintiff to lose the Charge he hath been at and to pay Costs to the Defendant If Process were directed to the Sheriffs alone Justice would be delayed in the Execution and retorn of Process especially in the cases of Gentlemen and wealthy Persons who in this Country of Wales are most commonly related to Sheriffs and their Deputies neither are the Fees of the special Bailiffs extravagant the Fee for an Arrest being very small and to be paid by the Plaintiff and not the Party Arrested VI. That where any of his Majesties Courts of Westminster do grant Prohibitions in Causes not properly determinable in the said Court yet if the Party that procures such Prohibition after he is put to a considerable Charge hath no benefit thereof unless he personally serves the other Party therewith who will abscond the Judges of the said Court refusing to obey any such Prohibition or else imprisoning such as serve them therewith VI. The Charge of the Sixth Article is not true for in the first place it is denied that the Court does countenance any Cause wherein they have not Jurisdiction But however if any Prohibition be at any time granted out of Westminster-Hall and the Plaintiff abscond the Service upon his Counsel Attorney or Sollicitor or any of the Judges is sufficient and always obeyed nor can any instance be made of any Person that was imprisoned for serving a Prohibition unless he did it upon the Judges sitting in Court with abusive and insolent words VII That after Actions brought or Tryals had in His Majesty's Court of great Sessions or in His Majesty's Courts at Westminister the Judges of the said Courts of Marches upon a Bill filed in that Court by the Defendant at Law suggested matter of Equity do usually take upon them to grant Injunctions to stay proceedings in the said Courts of Westminster and great Sessions and in case the Plaintiff at Law go on in any such Actions will severely proceed against and imprison such Plaintiffs at Law if to be found within their Jurisdiction VII As to so much of this Article as relates to the Courts of Westminster Hall the Author of these pretended Grievances is desired to give us some particular Instances to prove the Allegation for Persons who have been Practisers in the Marches and Officers there for many years cannot remember any such thing ever done but it is confessed that after an Action brought and before Verdict had in the great Sessions some Judges of the said Court of the Marches in imitation of the High Court of Chancery have of late granted some Injunctions to stay the proceedings there when the Defendant in his Answer hath discovered some equitable Matter for which the Plaintiff was relievable in a Court of Equity But if this be a fault it is a fault contrary to the Instructions and Law of the Court and therefore can be no Reason to destroy the Court but rather to punish the Judges VIII That in case of a Writ of Error of a Judgment in a personal Action in the Grand Sessions in Wales brought in the said Court of the Marches if after Errors assigned the Defendant in the Writ of Error pleads a Release or other matter of Fact thereto the said Court cannot proceed to determine such Error for want of a Jury whereby such Writs of Error will for ever remain undetermined and the Plaintiff in the great Sessions shall never have any fruits of his Judgment which is a failure of Justice which has several times fallen out in the said Court upon Writs of Error there brought besides that the said Court of Marches which is no Court of Record tak● upon them to correct and determine Errors in the great Sessions which is a Court of Record VIII There is no failure of