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	defendant_n	writ_n	3,438	5	9.2222	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A60753	Some abuses of the law detected in a seasonable discourse thereupon between a Parliament-man and a lawyer, now recomended to the consideration of the Parliament.		1689 (1689)	Wing S4465; ESTC R25773	4,268	5

SOME Abuses of the Law Detected In a Seasonable DISCOURSE Thereupon Between a Parliament-Man and a Lawyer Now Recomended to the Consideration of the PARLIAMENT SIR Lawyer I Am glad I have met with you for I long to have some serious discourse with you I understand that some hot-headed people that never think themselves well but when they are Reforming forsooth have a Months mind to be Reforming the Law too Member Why truly Sir since the discourse has been on foot I have taken some Pains to inspect the Law and I find a great many things in it that serve only to perplex Causes and are of no other use in the World Now truly I am for paring off all this and many other things there are that need abundance of Redress Law. Pray Sir let 's know what these things are for I think we have nothing that is superfluous Mem. Why I my self had an occasion to Outlaw a Fugitive fellow t'other day and before I could get one Writ to the purpose I was fain to have three or four that are wholy useless I think you call them Capias Alias and Plures and there must be fifteen days between the Date and Return of every one of these useless Writs besides the danger of having any error in them Another thing that is as impertinent is notwithstanding the use of almost all Original Writs is laid aside for now you do not Summon the Defendant but proceed to Capias and take Bail thereon Yet forsooth those Originals must be continued and the want of them or the disagreeing of them with the rest of the proceedings shall vitiate the whole Cause An industrious Tenant of mine t'other day that had got a fair Judgment by Confession for a Hundred Pounds had his Judgment Reversed and he is without remedy because a careless or a knavish Atturney filed no Original and yet these Originals are of no use in the World And I can tell you another thing that 's as strange not long since a Neighbour of mine and one of the Freeholders whom I represent had an occasion to bring two Actions the one of Trespass and the other of Debt and notwithstanding the merits of the Causes were fairly tryed and he had Verdicts in both and it cost him a great deal of Money and pains too for he neglected his other business and came to Town to attend it Yet for all this because in the Action of Trespass on the Record 't was Quod Cum in the Declaration the Judgment was set aside because the word Cum was too much and 't is as dangerous to omit it in other Actions And in the Action of Debt tho his Counsel tells him there 's not the least error in the Judgment the Defendant who has the longest purse has brought a Writ of Error which is granted of course which will stave it off three Terms more and truly I fear before that time is out the poor Fellow must run away I told these Stories t'other day to an Ingeniout Dutch-Man who was curious to be informed of our Laws and he was amazed to hear them he told me that in Holland in many Cases they could Arrest have a Tryal and Execution in two or three days time without any of these Incumbrances and I hope to see it so here too for what need is there I pray of your common useless imparlances as you call them only to protract Time enrich the Lawyer and begger the Clyent Law. Sir It has been thus these many Years and why should we think our selves wiser then our Ancestours besides Sir I perceive you are perfectly for destroying the Grandure and Dignity of the Law which I hope the Lawyers in the House and in spite of your Teeth we shall always have some there will be careful to preserve As to Originals they are a great Revenue to the Chancellour and the taking them away would Ruin the Cursiters almost that have all bought their places tho of right I confess they ought not and besides Originals were of great use formerly and I don't see why they should be laid aside Mem. Formerly all Men were obliged to keep Bows and Arrows but now they are useless and Guns are in request it would be Nonsence still to enjoyn people to have them least the Bow and Arrow Trade should be spoyl'd Now the new great Lights are in fashion there 's no need of Candles at the same doors too and as to your Antiquity if that were sufficient to justifie Error Popery with all its fopperies must have continued and the Heathen will never be converted at that rate and as to its being a Dignity to the Law I take it to be the greatest Indignity and 't is much like a Story I have heard of an old Dotard that would leave his Sword off but would wear his Scabbard for the Dignity of the thing Law. But I hope these are all your Objections Mem. No Sir I could cram a Volume with them had I time to recount them I have been seriously considering of Fines and Recoveries and truly I think that either no Entails or Remainders ought to be defeated by any way whatever or that all such Entails and Remainders as may be defeated by Fines or Recoveries should be wholy void and of none effect without such troublesome chargeable impertinent and dangerous Ceremonies for if you 'l allow them to be defeated why not without this charge and danger to the Clyent Not long since a Kinsman of mine that had purchased an Estate entailed had a Fine and Recovery passed for his security and he 's now like to loose it the Fine it s fear'd will be Reversed because there are not fifteen days between the Teste and Return of the Writ of Covenant as to the Recovery either the Writ of Entry or 〈◊〉 is lost all which Writs are wholy useless in themselves and further as to the Recovery in a feign'd Judgment between the Demandant Tenant and John Wheeler there is a fatal mistake in the sham Story forsooth now is it not a deplorable thing that a Man should loose an Estate on these Accounts that he has honestly paid for Not but that I am for publick Registers in their room for all Deeds whatever that affect Inheritance to prevent fraud Law. Surely you think your self wiser then all that went before you you are for turning the World upside down this would impoverish one quarter of the Families that are supported by the Law and pray remember you are breeding your own Son up to it too the King would loose part of his Revenue if the Alienations by Fines and Recoveries should be destroyed and a Thousand other mischiefs would happen What would you have the Law as plain that every Cobler should understand it you talk thus Sir because you don't apprehend the Nature of these things Mem. Truly there is a mystery of Iniquity in it for my part I think the Law that concerns every body ought to be as