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judgement_n bring_v error_n writ_n 15,418 5 10.2182 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A75476 The Anti-Levellers antidote against the most venomous of the serpents, the subtillest monopolizers. Collected by divers officers and soldiers of the army, and other honest people of this nation. 1652 (1652) Wing A3501; Thomason E673_10; ESTC R207181 37,344 43

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this last mentioned sum much higher but in regard we can come to no certain knowledg thereof we forbear to make any further calculation about the same Both which sums being added together amount to Two hundred and forty thousand pounds 240000 l. In Wales and Ireland besides which have been and may be hereafter if not prevented half as much being One hundred and twenty thousand pounds 120000 l. The total in England Wales and Ireland Three hundred and sixty thousand pounds 360000 l. In Courts at Law or Courts which have been called Latin Courts Rules or Orders which have been and are above four times the number more then the former accounting so much only as by them hath been so extorted and exacted as before is mentioned in the other Courts called English Courts or Courts of Equity because there is not so much charge in soliciting breviating or entring Rules or Orders as in the former nor altogether in counsel yet too much being Three hundred sixty thousand pounds 360000 l. The Total concerning Motions Orders and Rules c. amount to seven hundred twenty thousand pounds 720000 l. Out of which deduct the tenth part being seventy two thousand pounds 72000 l. which will be sufficient for the performance of such businesses then will remain saved to those honest people yearly hereafter six hundred fourty eight thousand pounds 648000 l. 20. That Witnesses may be examined in all Courts by Commissioners mutually to be chosen But with this That any concerned in any Suit who will may at his own charge have any of such witnesses examined at any Tryal hearing or inquest taking or making 21. That all Commissioners may be to hear and determine or to certifie the doubt and that if the parties to the Suit shall not agree of the truth of that which any witnesss shall depose then may the Commissioners compel the Sheriff to summon a Jury to try the same and the Jury to be chosen as in the general Title of Juries and the matter to be determined above upon reading the Certificate 22. That no matter in Arrest of Judgment shall be moved or assigned to be Error in any Declaration Complaint Bill c. or Plea c. unless such matter be first shewed where the mistake is and how the same should be amended as certain as if the same were amended the Declaration Complaint Bill Plea and other things before therewith mentioned were or should be good in Law 23. And the like concerning Demurrers c. 24. That if any witness be sick and weak or travelling beyond the Sea or there the party concerned may deliver to the contrary party a Bill and require his Answer to the same and he to answer within the time mentioned in the Proposals at large and swear to it before the next Justice of the Peace and after or for default of An●wer the party to examine for the perpetual remembrance of men of the matter 25. That publication may be in every Cause immediately or some short time after witnesses examined in such manner and form as is mentioned in the Proposals at large 26. That the first witness coming at the time and place of the Execution of every Commission may be first examined 27. That no stay of Suit may be by reason of any witnesses going beyond the Sea unless sufficient matter be made appear upon Oath what such witness can say 28. That tender of emends may be for walking with feet and upon a Replevyn after the Cattel in Pownd with damages and costs to that time 29. That Distresses after Apprizement by Jury if the owner of it doth not make satisfaction or replevyn the same within convenient time the same may be sold c. 30. For retorning of the names of the Bayl and Caption with it upon the removal in to the Superior Court and none other to be there put in 31. That no Writ of Error be brought till after Error shewed and allowed by some Judg. 32. For retorning of impartial Jurors to try Causes and for avoyding of Imbracery 33. And a Remedy for giving too little Damages 34. And against finding false Inquests and chargeableness of serving Execution 35. That if any person shall be summoned by Writ or Warrant to appear in Chancery or such like Court and shall not then he shall be arrested and detained not onely until he shall appear but also to stand to the order of the Court And that if the Plaintiff shall give security to make restitution after the Defendant shall appear and obey the Order of the Court and a hearing be then the Court may proceed to decree and sentence and issue out Execution 36. That such Actions as usually upon motions have been drawn from Tryal at London and Westminster into proper Counties may be there layd at first without troubling of poor men to come to London some from the furthest parts from thence to make oath to alter the Visne begging to and going from the City and there during their stay during which times the Countries and Cities have been filled with Beggers and their Countries Businesses left undone 37. That no Beggerly Fellows or Shurks may make Executions against goods Nor Writs for outing men of possession of Houses Lands or Tenements Nor delivering men out of prison for Debts or Duties until they have satisfied the same By permission of which divers just Debts have been lost and many thereby undance and others thereby sustained great loss 38. That no Beggerly Fellows may be permitted to plead false Pleas unless they have or shall first put in sufficient Bayl for payment of the Debt or Demand in question or yielding himself to prison or make or cause Oath to be made of the truth of such Plea or of his ability to satisfie 39. That Costs may be for the Defendants in Demurrers after they have been perplexed troubled and put to great charges and the Causes adjudged or considered of for them 40. And the like in Prohibitions 41. And upon issues of a Record or no Record And furthermore if the said 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 and 41. Proposals and Propositions were Enacted extraordinary charges by multitude of Tryals Non-suits Hearing Fees of over numerous Counsel Motions Arrests of Judgments by Motions and Reversals of the same by Writs of Error and bringing Witnesses many times to Tryals from far remore places from thence and there staying long in expectance of such Tryals sometimes by the space of two three four or five days to the great charge and trouble of the party bringing them in their maintenance and keeping them together the same Witnesses having been sometime brought from the one of the Corners of this Nation to another farthest remote from thence will be so abated and brought to that low ebb that thereby will be yearly saved to such honest people much Mony which formerly every year by such means they have been unnecessarily