Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	bring_v	case_n	plaintiff_n	3,879	5	10.0195	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A74899	Seasonable observations on a late book intitvled A system of the law: as it was contrived and published by the committee appointed for regulation: so far as it relates to the high Court of Chancery, and the fees and proceedings thereof: Wherein several proposals made by the said committee, are held unsafe and inconvenient; some are approved of, and illustrated; and others supplyed wherein the same are conceived defective: With further proposals, for the better regulation of said court, and more speedy and cheap hearing of causes. And an exact table. 1. Containing the fees now paid to the grand officers and patentees. 2. How much will satisfie the true labourers. 3. What wil [sic] be saved thereby to all suiters in the said court. Unto which is likewise annexed, the memorable case put by the late King James, to the then learned judges of the land, touching the power and jurisdiction of the said court, for relieving complainants after judgements given in the Courts of Common-Law; and how far the Statutes of Præmunire do extend to restrain the said court therein: With the reasons and resolutions of the said judges thereupon: Tendered to the consideration of the supreme authority: and published for the general good and information of all practitioners and suiters in the said court. / By Philostratus Philodemius.	Philodemius, Philostratus.	1653 (1653)	Thomason E705_4	41,217	70

redress and little occasion would be for the parties to make address to the Chancery in such cases and a Law to binde the People to reduce their Acts Deeds Contracts and Agreements into writing inrolled will work a great peace in the Land in reference to Law-suits and would spare many thousand pounds a year to the people by prevention thereof as is humbly conceived SECT XXX THat in all Cases where a Plaintiff is dismissed the Desendant shall have full costs and where the Plaintiff hath just cause of relief the Plaintiff shall have full Costs saving in a case where he might have had the like benefit without Suit and there he shall have no costs but pay the adverse party full costs and a Fine of 40 s to the Commonwealth save also where the Defendant by Answer submits to the Iudgement of the Court and claims nothing to his own use in which case he shall neither pay Costs nor Fine but the Plaintiff to pay him costs if the Court finde cause And where the Plaintiff is relieved for part and dismissed for part either party to pay costs to the other and if a Plaintiff be relieved against any one or more Defendants and not against others such others shall have their full costs And whereas any is to pay costs and is not able such party shall be sent to the Work-house to work during the pleasure of the Court one half of the benefit of his work to go towards the payment of his Costs or be whipt or both at the discretion of the Court And no person is admitted to sue as a poor man unless he bring a Certificate from some Iustice of the Peace Councellor or Sergeant at Law or Iudge of the County Iudicature of his poverty and the Iustness of his Cause Observation 30. All this Section seems very just and reasonable and may prove of good use and benefit to the people of this Nation if established by Authority SECT XXXI THat in all cases where a Plaintiff is dismist he shall pay a Fine to the Commonwealth of 20. s. and if the Plaintiff hath a decree against any Defendant such Defendant shall pay aliue Fine to the Commonwealth where he paid costs to the adverse party And a Defendant for every insufficient Answer after the first shall pay a like Fine to the Commonwealth and a Plaintiff a like Fine for frivilous exceptions and every person judged in contempt for that unnecessary trouble of the Masters of the Court by entring a reference before them in their Book shall pay a like Fine to the Commonwealth Observation 31. As to the payment of 20 s Fine in this Section proposed to the Commonwealth it should seem more reasonable that the same should be paid to the party aggrieved and concerned which may be considerable in his purse whereas if the same be cast into a publique Treasury it will little add thereto SECT XXXII THat the shewing a Decretal or other Order of the Court under the Registers hand to the party who is to observe the same and leaving a Copy thereof with him or leaving the same at his dwelling with some person there if any be there to be found or otherwise at the door of the house shall be a sufficient service and the party shall be in contempt if he yield not obedience thereto within eight days and thereupon process may and shall issue forth to attach his body and if the order be to pay money then also to levy the same of his goods and chattels lands and tenements as upon a Iudgement at the Common Law And the Sheriff and Coronor in execution of their Offices upon process forth of Chancery shall have the same power as in execution of process at Common Law and leavy their own Fee befide the money for the party or Commonwealth and behave themsel●es as in cases of other Execution And all process of Summons under a penalty and the course of Arresting by any other Writ of Attachment then is by this Act appointed Attachment with Preclamation Commission of Rebellion Mossenger or Sergeant at Arms as to the Execution of any process of the said Court to be henceforth forborn and Writs of Executions of Orders and Decrees under Seal to be no more used Observation 32. The course prescribed for service of Decretal Orders in this Section seems to be inconvenient for since the Proposers have directed that all the Process of Summons shall be under the Seal of the Court which is the first and least considerable of all the Process issuable out of the Court why a Decree which is the last and most considerable of all Writs should not be under Seal is left to consideration it being easie to counterfeit a Registers hand and if discovered not so penal as the counterfeiting of the Great Seal of England wherein pains of death are provided for the party offending and therefore in respect of the difficulty of counterfeiting the great Seal and the hazard and punishment attending the same it is held and taken to be the most safe convenient course which strikes a terrour in the persons concerned and worketh a more honourable respect to the Decree and Authority of the Court that made it then to a bare Registers hand which may be had for twelve pence at any time And as to the Proposal which would make a decree in Chancery equivalent to a Judgement at Law it was formerly proposed by the Clerk and cannot but be well approved of by all un-byassed persons since Execution of the Law is the life of the Law And the precedent reasons that are offered for the issuing forth of Decrees under Seal of this Court will satisfie all ingenious men for the issuing forth of all Writs of Executions of Orders under Seal of this Court SECT XXXIII THat whereas any man is attached for breach of a Decree he shall not buy or sell at liberty but by order of Court And in all such process of Attachment it shall be mentioned that it is for breach of a Decree Observation 33. This is a very strict course as is humbly conceived and tends to the disinabling the party against whom the decree is past to pay h●s Debts or to make satisfaction to the party demandant But to restrain him from disposing or selling of the matter decreed seems reasonable SECT XXXIV THat there shall be no more money ordered to be paid into Court unless by consent of both parties and no Fees shall be paid for paying out the money already in Court And the party who thought to have dammages for detaining any money which is brought into Court shall have it during the time the money remains in Court to be paid by such as were the cause for the bringing it into Court. Observation 34. To restrain the Court from ordering moneys to be paid into Court without relation to the nature of the Case may prove a great prejudice to many persons for in case there be one or more Suits

finde them bread and salt XVIII For a search or reading any Order or Record in Chancery l. 0 s. 1 d. 0 Observation 18. This cannot be ascertained unless by the terms as is already paid in all Courts or else according to the nature of the search which may sometimes take up four or five hours or more whereas every Coachmans-wages is more considerable then what is proposed in case of long searches which often fall out XIX To the Cryer and Door-keeper to each of them at the final hearing of every cause from the party that hath a Decree for whom Dismission is pronounced l. 0 s. 1 d. 0 Observation 19. The Proposers have forgot those other persons that attend the Court and ought to have allowances accordingly either by way of sallary or from the Clyents XX. For the Copy of any Record in Chancery or other thing there filed not before particularly exprest 2.d for every 12. lines with ten words in a line the party taking what party he pleaseth l. 0 s. 0 d. 2 Observation 20. No Officer or Clerk will attend this place at this rate when as sometimes they make not any Copy of Record in three or four days and the Copy may prove but short and especially if the party may choose what part thereof he please as indeed he might have formerly done before this Proposal How this can recompence the pains and attendance of any honest able trusty man and afford maintenance for himself and his family is left to consideration especially if they intend that the Plaintiff and Defendant are to deliver to each other Copies of all Bills and other pleadings in the Cause so that it is likely the Clerk will not have an occasion to make Copies of any pleadings in a whole Cause unless the depositions whereby he is tyed to continual attendance but no work or wages provided for him by this System XXI For writing any thing to the Seal not before mentioned for every 12. lines with ten words in a line l. 0 s. 0 d. 3 Observation 21. There is no Clerk of any parts or abilities will undertake this imployment at this mean rate XXII And to the Commonwealth for the whole great Seal the same Fees that have been accustomed Observation 22. This was formerly paid XXIII For every Answer in writing on Petition l. 0 s. 2 d. 6 Observation 23. This is a sufficient Fee and but reasonable Forasmuch as some persons seem to be unsatisfied of the power and authority of the high Court of Chancery to give relief to Complainants after Judgement given against them in the Courts of Common Law which some have lately openly declared For publique satisfaction therein I have thought it very usefull to recite the Case put by the late King James concerning the power and jurisdiction of the said Court in matters of that nature together with the Cettificate Reasons and Resolutions of the several Learned Judges thereupon IAmes by the grace of God c. Whereas our right trusty and wel-beloved Sir Francis Bacon Knight our Councellor and Attorney General received a Letter from our Chancellor of England dated 19. Martii 1615. written by our express Commandment directing and requiring him and the rest of our Learned Councel to peruse such Presidents as should be produced unto them of the time of King H. the 7. and since of Complaints made in the Chancery there to be relieved according to equity and conscience after Iudgements in the Courts of Common Law in Cases where the Iudges of the Common Law could not relieve them And thereupon to certifie us of the truth of that they should finde and of their opinions concerning the same which Letter followeth in these words Mr. Attorney his Majestie being informed that there be many Presidents in the Court of Chancery in the time of King H. the 7. and continually since of such as complained there to be relieved according to equity and conscience after Iudgements in the Courts of Common Law in Cases where Iudges of the Common Law could not relieve them being bound by their Oath to observe the strict rules of the Law is willing to understand whether there be such President as he is informed of And therefore hath commanded me to let you know that his will and pleasure is that you call to assist you his Majesties Sergeants and Solicitors and to peruse such Presidents of this kinde as shall be produced unto you and thereupon to certifie his Majesty of the truth of that you shall finde and of your opinions concerning the same And for your better direction therein I have sent you here inclosed a note in writing delivered to me mentioning some such Presidents in King H. 7. time and since and I am told that there be the like in former times his Majesty expecteth your proceedings in this with as much speed as conveniently you may And so I rest York-house 19. Martii 1615. Your very assured loving friend T. Elsmore Chancellor And whereas our Attorney General and the rest of our learned Councel did thereupon return unto us their Certificate subscribed withall their hands according to our commandment and direction given them by the said Letter which Certificate followeth in these words Certificate According to your Majesties Commandment we have advised and considered of the Note delivered unto us of Presidents of complaining and proceeding in Chancery after Judgements had at Common Law and have also seen and perused the Originals out of which the same Note was abstracted upon all which we do finde and observe the points following 1. We finde that the same Note is fully verified and maintained by the Originals 2. We finde that there hath been astrong currant and practise of proceedings in Chancery after Judgement and many times after Execution continued from the beginning of King H. 7. raign untill the time of the Lord Chancellor that now is both in the Raigns separatim of the several Kings and in the times of the several Chancellors whereof divers were great learned men in the Law it being in cases where there is no remedy for the Subject by the strict course of the Common Law unto which the Iudges are sworn 3. We finde that this proceeding in Chancery hath been after Judgements in Actions of several natures as well real as personal 4. We finde it hath been after Judgements in your Majesties several Courts of Kings Bench Common Pleas Justice in Oyer c. 5. We finde it hath been after Judgements obtained on Verdicts and Demurrers and where Writs of Errour have been brought 6. We finde in many of the Cases that the said Judgements are expresly mentioned in the Bills in Chancery themselves to have been given and relief craved thereupon sometimes for stay of Execution and sometimes after Execution of which kinde we finde a great number of King H. 7. time 7. We finde the matter in Equity laid in such Bills in most of the Cases to have matter precedent before the