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 writ_n 3,541 5 9.1378 5 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A49858 An abatement of most of the motions & orders in chancery and other chargeable courts and of the greatest part of the charges which may be in those hereafter, or motions and orders reduced from twenty to two, and most of those to the tenth part of the charge, as formerly hath been / written by W. Leach, for the same intent, and tendred to the consideration as his former are. Leach, William, 17th cent. 1652 (1652) Wing L770; ESTC R41233 8,924 11

There is 1 snippet containing the selected quad. | View lemmatised text

AN ABATEMENT Of most of the Motions Orders IN CHANCERY And other chargeable Courts AND OF The greatest part of the Charges which may be in those hereafter OR Motions and Orders reduced from twenty to two and most of those to the tenth part of the Charge as formerly hath been Written by W. Leach for the same intent and tendred to the consideration as his former are LONDON Printed by E. Cotes in the Year 1652. AN Abatement of most of the Motions and Orders in Chancery c. FOrasmuch as in Antient times when the master Clerks of the Chancery being in those Ages very learned in the Lawes of this Nation did contrive all manner of speciall Writs then called master Writs very pithily and well seldome committing any errour or mistake in any of them And whereas also the antient Serjeants at the Law in such times did contrive and draw all speciall pleadings in like manner and then were all suits speedily and with so little Charge or trouble ended as the people of this Nation did finde and perceive that they had full speedy and equall Justice done unto them and did sit down in quiet without multiplying suit upon suit and turmoile themselves in trouble and discontent many years together as hath been too often used by very many of late since such master Clerks and Serjeants have been imployed about other businesses that is to say such master Clerks about References Reports and Accounts bringing them in much greater benefit And such Serjeants altogether or for the most part taken up in moving and arguing at the bars of severall Courts and pleading at tryalls at the Common Law and hearing in the Chancery whereby few or none can procure them to contrive any such thing And as it is thought few or none of such master Clerks can tell how to contrive or draw any thing which before by such their predecessours were in those ancient times usually done by occasion whereof Suiters in these latter times have been constrained to goe to Clerks or Attornies to have such things contrived or drawn whereof some who have set themselves forth highest have been very ignorant which many Suiters being but of weak or mean judgements or capacities could not apprehend whereby very many mistakes and errours have been committed and omitted in such things which have caused many Suits and Causes upon Writs and Bills at Trialls to be lost and no further proceedings thereupon to be but the plaintiss therein forced and compelled to pay costs to the defendants in such Suits and divers Verdicts to be quashed and overthrown upon matter moved or shewed in Arrest of Judgement and also sundry Verdicts to be reversed and annulled by Writs of Errour all three of them many times the one after another after the suiters in such actions and suits have been at very great charge trouble and labour and great losses in the hindrance of them in their Callings and Professions and thereby many have spent very much some as much as the very demand in question before they have or could obtain their just debts and demands and others have been so impoverished by the means aforesaid that they have not been of ability further to prosecure such suits for their Rights but have given over and lost the same and many inconveniences and mischiefs and such charge and trouble and losse have happened in overthrowing quashing and delaying of divers Decrees Sentences and Finall orders in many Courts And whereas of late time most persons in possession of Messuages Lands and Tenements and wrongfully holding out others have had the same by lease or so claimed and some of them held over their terme in the same and many of those also who have had the immediate right of possession of such Lands and Tenements have had the right to the same by leases whereby most Suits in such case have been brought by actions of Ejectments framed upon Leases which could not be tryed by writs of Assize which hath been the most speedy remedy in this behalf and Judgements given at the same Assizes when and where the Verdicts have been found and many times one of the parties to such Actions of Ejectment have departed this life between the day of the Tryall and the day in the Bench then next following whereby all the proceedings before mentioned have fell to the ground and the parties their Executors or Administrators to begin anew and by the same occasion Writs of Assize be grown so obsolete that few know how to proceed as they should do in the same and thereby most causes which might have been prosecuted by Writs of Assize have been begun and ended upon and by such Actions of Ejectment which have occasioned divers of such inconveniencies and mischiefs as before are expressed And whereas also in these latter times more ●ight hath appeared in all manner of learning to the severall sons of the people of this Nation then hath in antient times ten being learned in these times to one in those most ordinary people then depending wholly upon the Priest in most ordinary matters and it is hoped the people here will more and more increase in learning and judgement And therefore it is expected and desired by most that all manner of proceedings in Law should be amended and not run into worse and worse order as they have done of latter years And forasmuch as great and most pitifull lamentations have been made to divers persons in many places by multitudes of people who have been turmoiled in Suits in the Court of Chancery and other Courts that many of them have been and usually are put to divers unnecessary and excessive charges by Registers and Enterers and writers of Orders and rules their Deputies Clerks and Agents in such Courts and that divers unnecessary Orders have been made in such Courts by such Registers and others with them before mentioned and drawn out much longer then hath been or is necessary and contrary to the note or notes by them taken upon hearing and debating of the matter touching the same for their own onely lucre troublesome and burthensome to such Courts and Councell there and hurtfull to the parties in and to such Suits and that there hath been such multitudes of Orders in those Suits that very many who have prosecuted and defended the same Suits have given long and much attendance before they have procured or could procure any Entries or Copies thereof to be made by reason as divers such lamentations have been of money or rewards given or promised to such Registers Writers or Enterers their Deputies Clerks Servants or Agents to draw up such Orders or rules stricter or to some other sense then such Courts did truly direct and order under colour whereof very many have complained that many honest and just Causes have miscarried and that in the same much charge perplexity trouble travell and vexation have been to resort to the Counsell in such Suites and afterwards to repair unto or