Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	execution_n	plaintiff_n	1,650	5	10.2548	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A41753	The Grand concern of England explained in several proposals offered to the consideration of the Parliament, (1) for payment of publick debts, (2) for advancement and encouragement of trade, (3) for raising the rents of lands ... / by a lover of his countrey, and well-wisher to the prosperity both of the King and kingdoms.	Lover of his countrey and well-wisher to the prosperity both of the king and kingdoms.	1673 (1673)	Wing G1491; ESTC R23421	54,704	66

If the Defendant appear and is cast he pays for the Summons and Attachment which is but 2 s. eight pence in the whole But if the Defendannt appear not the third Court day after Attached than the Plaintiff comes and swears his Debt and the Court orders payment thereof at the Plaintiffs own house if he pleaseth which saves 8 d. that must be paid if it be brought into Court to take it out again and this Order costs 4 d. more Of this Order the Officer gives the Defendant notice and that he must meet the Plaintiff in Court the third Court day after the making thereof If the Defendant appear not the third Court day then upon the Plaintiffs request the Courts grants Judgment and Execution against him which costs 2 s. So that the whole Charge of Summons Order and Attachment Second Order for Judgement and the Judgement and Execution executed comes but to 4 s. 8 d. And all is done in three weeks time but the Suit in the Marshalsey White Chappel or St. Katherines or Westminster Courts and Charges incident thereunto costs 4 l. or 5 l. when the Debt or Cause of Action was not worth Five shillings The erecting the Court desired would give a great credit to the Poor For were such Courts erected every Gentleman or person of any considerable estate would lend a poor distressed neighbour Twenty Thirty or Forty shillings to put him in a way to live or to prevent their being cast into Prison if arrested for a small sum whereas now poor men are forced to borrow of Brokers pawn double the value of what they borrow and pay above Cent. per Cent. interest which eats out their profit so presseth and grindes them that they frequently are incapacitated to redeem the Pledges left for the money taken up which is one other great mischief worthy the consideration of the Parliament and fit to be redressed whereas whilst the Law is thus costly men are afraid to lend their Neighbours Thirty or Forty shillings to set them up with or to prevent their being imprisoned because if they repay it not without a Suit the same may cost five or six times as much as the Original Debt and when the Creditor hath Judgement he is not sure of his Debt but in danger through the poverty of the Creditor to lose both Principal Debt Interest and Charges or undergo the hard Censures and Clamours of the poor by confining them to Prison which no ingenuous or generous soul can endure the thoughts of By the erecting this Court there is none can be prejudiced excepting First Bailiffs one of which fellows to arrest a poor man though it be but for three pence four pence or some other very small sum makes the man pay four or five shillings for the Arrest hurries him into an Alehouse and there runs him twelve pence or two shillings on the score and if not able presently to pay the same hurries him to Prison Secondly Several idle Persons falsly calling themselves Attorneys who are as active as the Bayliffs to promote and carry on Suits begun though but for trivial Matters setting people together by the ears and living upon the ruine of the poor make them sell their very Beds from under them or Cloaths from off their backs to pay their pretended Fees and the Fees of the Courts which is too frequently done Thirdly Or the Judges of the Marshalsey Westminster St. Katharines White-Chappel and other Inferior Courts of Record where small Debts under 40 s. may be recovered but certainly they having their places given them gratis and being persons of generous education will not oppose so charitable a work as this proposed though they should lose some profit thereby such profit coming from such miserable poor people that it were charity in them rather to give them as much as their Fees comes to than to exact any thing from them And if they by the Court desired should lose a little profit they will save much time that they now spend in trying these Causes and being Lawyers may certainly spend it to as great if not better advantage than what they will lose by setting up the Judicature proposed Let these consider that such Gentlemen not being Lawyers as shall be appointed Judges of the Courts desired will be greater losers than they are since they must sit and spend their Time and Money without any manner of Compensation at all save the satisfaction they will receive in being instrumental of doing good to the Poor which certainly they will do For whereas now it costs 5 or 6 l. to recover 5 or 6 s. by the way proposed 4 s. 8 d. is all the Charge though the Suits be spun out to the utmost extremity that any Suitor or Defendant can be put unto So by the setting up of this Court Justice will be had speedier and cheaper The ruine of many poor People by multitudes of vexatious Suits for small Matters will be prevented Love and Amity betwixt Neighbours will be preserved Charges of the Parishes lessened Mens Liberties to follow their Callings to their own and Families Comfort will be continued and the Debts they owe be more easily and speedily payed And a Work very pleasing and acceptable to God will be done who hath pronounced a blessing upon all those who consider the Poor for whose relief alone this is proposed X. THe Tenth Thing Proposed is That a bound be put to the extravagant Habits and Expences of all sorts of Persons that Servants and Handicraft Tradesmen's expensive wayes be reduced and no Foreign Manufactures except from Ireland be suffered to be worn in England but that the Importation and Exposing them to Sale be made Felony There is nothing ruines the Gentry and Tradesmen of England so much as living above their Estates or Profit arising by their Trades How much all sorts of men do this I leave the World to judge their Habits and other Expences being more extravagant and vain than ever was known and not only do Masters and Mistresses of Families run to excess in their own dresses but suffer and encourage their Servants also to do the same which costs them dear at last for all comes out of their Pockets and it makes Servants so proud and scornful as to neglect their Duties slight their Superiors and upon every little reproof to go from them How many Gentlemen are there in England that spend their whole yearly Incomes upon clothing themselves their Wives and Children What way then have they to answer their other Familie Expences but by spending upon the main Stock How careless are Parents of their Childrens Education bringing them up idly putting them upon no manner of imployment unless to Musick and Dancing using them to Balls and Playes and to keep vain Company which they get such an habit of that they very hardly if ever can be broken from it but spend-most of their time in Gaming Whoring and Drinking so that by that time they come to

more in ready Money than formerly we did or need to do were it not for this Act which furnisheth France with our Coyn to pay their Workmen for manufacturing of our Staple-Commodities and greatly exhausteth the Treasure of this Kingdom But if this Act be repealed and Irelands transporting of Raw Hides be prevented then France and other Foreigners must have Leather from England manufactured as formerly they had whereby our Handicraft Tradesmen would be set at work and having work would live handsomely as formerly they did to consume the Provisions and Manufactures of the Kingdom So that to any rational man it must be apparent that this Act hath not answered the end designed nor raised the price of Hides as expected nor can it for Ireland transporting vast quantities of raw Hides beyond the Seas and Importing great quantities of their Hides into England as aforesaid hinders the sale of our Hides or Tanned Leather at any considerable rates either at home or to Foreigners because we want a Consumption at home and Foreigners chuse to buy their raw Hides rather than our Leather by reason they can purchase them at a third part of the price we can afford to sell ours at and by tanning of them employ their own Bark which is a great mischief to the Gentry in England whose Bark by reason thereof sells at very low rates IX THe Ninth thing proposed is That a Court in the nature of a Court of Requests in London be established for Westminster Southwark and all other parts within the Weekly Bills of Mortality and if possible in every City and Town Corporate in England to determine Differences between poor people for small Debts not exceeding 40 s. and for Words Trespasses Assaults and Batteries where the people pay neither Scot nor Lot that so they may not be undone by Law-suits The Court of Requests in London is of excellent use long continuance and hath prevented the ruine of many thousands of Families and might have done far more had it not been limitted to the Liberties of the City whereby all Westminster Southwark Tower-Hamlets Middlesex and Surry within the Weekly Bills of Mortalities wherein the generality of the poor inhabit are excluded their Jurisdiction Of these Poor for want of this Court many are every year undone by Law-Suits commenced against each other for small debts or trivial Actions for Words Assaults or Trespasses the poorest oftentimes proving the proudest most quarrelsome and vexatious These are such who maintain themselves and Families by turning and winding 20 or 40 s. a week which they take upon their credit and employ in buying and selling Butchers-meat Poultery-ware and Fish Herbs Fruit and Roots Boiled-Wheat and Oat-cakes Butter and Eggs and divers other things which they cry about the streets or sell at Tavern-doors or in little Bulks as Orenges Limons Oysters Tape Thred-laces Silk and Ferret Ribbon Childrens Play-things and such like small Commodities whereby they keep their Families from burthening they Parishes wherein they dwell and yet are so poor that they are not rated to the Church and Poor where they trade These people are the greatest part of them most commonly indebted 20 30. or 40 s. apiece for the Stock they trade with nevertheless have more owing to them by the persons they sell their Wares to than when received will pay such their Debts but there are cunning Fellows belonging to the Marshalsey St. Katherines Whitechappel and Westminster pretending to be Baillffs or other Officers placed in every part of London and Westminster and the Suburbs thereof who make it their business to enquire out these Poor and their Creditors and thereupon to contrive some stories whereby to incite their Creditors to make a demand of their Debts and if not presently paid then to arrest the Debtors These Knaves also spend their whole time in promoting differences between the poorer sort of people for frivolous words slight trespasses or pitiful small debts which done they are imployed to arrest men and the person arrested must either presently pay and give satisfaction or put in Bail the which if he cannot do as frequently it happens they cannot they laying their Actions high though the occasion of action be very small then they are hurried over to the Knight Marshals Prison or to some other Goal and put to great expence lose their Credit and Trade and very many of them are utterly ruined by the charge of Arrests Prison Fees and the Suits though the verdict upon their Tryals happen to be for them as most commonly it is there being not one Action in ten brought in those Courts for Words or Trespasses that happens to be according to Law Nevertheless if the said Defendants Demur because the words are not actionable or the Plaintiff have a Verdict and the Defendant move in Arrest of Judgement and the Judgement be Arrested yet in neither of these Cases hath the Defendant any Costs so that both Plaintiffs and Defendants spend their money in vain and the Parishes where the Defendants inhabit are frequently forced to redeem them out of the Marshalseys White Chappel St. Katharines and other Goals or otherwise they should lie and starve in Prison though the Cause of Action were but a Trifle the Charges and Fees oftentimes falling out to be four five or six times as much as originally the Action was brought for by reason whereof the recovering of 4 d. 6 d. or 12 d. sometimes costs 3 l. 4 l. or 6 l. Whereas if the Court desired were erected to end these Differences in a summary less expensive and more expeditious way the utter ruine of some hundreds if not thousands of Families would be every year prevented the Parish charges greatly lessened and quarrelsome vexatious Suits for small Debts of 40 s. or under or for Trespasses Assaults or words would be prevented In London no Freeman within the Liberties dwelling can be arrested or sued for any Debt under Forty shillings the Court of Conscience or Requests sits at Guildhal Wednesday and Saturdays in every week to hear Complaints and take course therein Upon any Complaint they first send a Summons to the party complained against and that is served upon him by a sworn Officer and costs 6 d. which done the next Court day the Plaintiff must attend and call the Defendant and enter his own appearance else is non-suited loseth his Summons and must begin again but the Defendant runs no hazard in not appearing the first day If the Defendant appear the second Court day after Summons he prevents an Attachment and is ordered to pay his debt for which the Plaintiff pays 4 d. If the Defendant fail to appear the second Court day before the Court riseth the Court grants an Attachment which costs being executed amount to 1 s. 10 d. The Officer serves this Attachment so soon as he can find the Defendant which done he gives the Plaintiff notice that the Defendant will meet him next Court day and that costs 4 d. more