Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	damage_n	plaintiff_n	writ_n	1,808	5	9.8855	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A31505	Certain proposals of divers clerks and attorneys of the Court of Common Pleas for the taking away fines upon original writs and damage cleer and regulating the proceedings of law and remedying some inconveniences ... / presented to the Right Honourable the Lords and Commons assembled in Parliament.		1661 (1661)	Wing C1729; ESTC R35481	7,641	14

dayly reversed and in the time to come are subject to the like inconvenience by the carelesness neglect Many Judgements are daily reversed for want of Originals which sometimes happens because the Attorney rather than he will pay a post Terminum or more which is 20 pence a Term he will hazzard his Clients Cause which Fee was originally intended as a punishment upon the Attorney for his neglect but it turnes too oft to the destruction of the Client and therefore the Proposers have proposed the punishment to return to the Clients relief and not destruction Other times this mischief happens because an Attorney may perhaps forget in due time to sue out the Original and after when he sees the default he would amend it but the Cursitors holding a course for their own benefit that no Original Writ can be sued forth returnable of a former Term but within the first week of the ensuing Term the Attorney is therefore restrained to do his duty to his Client or forgetfulness of the Attorney or Clerk or to save Post Terminums which turns much to the prejudice of the Client And therefore they humbly propose That from henceforth there may be no restraint but that the Plaintiff may at any time before the want thereof assigned for Error sue forth and file any original writ or other writ to make good or warrant any judgement And that for the filing of Original Writs no Post Terminum be demanded or payd and that then if any judgement happen to be reversed for default of Original Writ the Clerk or Attorney in whose default the same shall be shall and may be fined in such sum to be payd to the party grieved as the Court shall having respect to the quality of the offence think meet and impose 5. They humbly conceive also The Warrant of Attorney originally seemed of good use but now it is only filed by the Attorney and is of nonuse at all but puts the Client to some charges and much hazzard for that the want thereof is sufficient cause to reverse a Judgement and the filing now of no use that the not due filing of Warrants of Attorney which through forgetfulness or carelesness is often neglected is very dangerous to the Client and yet of no benefit or use at all and therefore they humbly submit it to the judgement of the Parliament whether the same be not fit to be discontinued and the penal Statutes for the enjoying thereof repealed 6. This is the most unreasonable charge upon the Client that can be invented which is the tench part of what damage soever the Plaintiff recovers as if the Defendant upon a bargain promise to give the Plaintiff a 1000 li. which he recovers in damage the Prothonotary shall bave a 100 li. and doth nothing for it nor can justifie the giving of any costs for it was originally as is conceived exacted by the Clergy as a personal Tythe the Clergy-men being the Clerks that writ to all or most of the Courts at Westminster They humbly conceive that Damage Cleare is both a great and unreasonable burden to the Client who after a long and tedious suit must have his Debt or other duty Tythed a duty anciently belonging to the Clergy but is now converted to an improper use as they humbly conceive And therefore they humbly propose that the same may be taken away and no more payd or demanded 7. If the Client because he can get no Proces served upon the Defendant be forced to utlaw him and then be forced to seize his Land to force him in the profit goes into the Exchequer and the Client loseth all or else shall be put to the charge of a Lease which will lie him in above 20 Marks and 4 pounds or thereabouts yearly to continue it and then if the party plead some seigned Title or reverse the Utlawry all is lost and it is desired that if the Parliament conceive it fit that this Proposal be reduced to a Law that care may be taken in the penning it that the Exchequer Clerks may not evade it for that lowable Laws will not hold them And whereas the Client is often enforced to utlaw the Defendant by reason he absents himself and after a long chargable and tedious Suit is put also to seize the Defendants Estate and expects thereby to receive the benefit of his Suit when contrary to the poor Suitors expectation the whole benefit is swept into the Exchequer They therefore for remedy thereof humbly propose that the Plaintiff in such cases may have the benefit of all Seizures upon Utlawries til his debt or other damages with reasonable costs be satified and paid and that to that end Process may issue out of the Exchequer by which the Sheriff may be authorized and commanded to deliver all such Goods and Chattels and satisfie and pay all such moneys by him to be levied to the Plaintiff until he be satisfied of his debt or damages with reasonable costs to be assessed by the said Court and that afterwards the Sheriff be accomptable in the Exchequer for the profits as before times hath been used 8. And also when as the Client having run over all the Process and having obtained judgment and expecting his Execution thereupon Writs of Error are often brought for delay which though we humbly conceive our former Proposals will make good provision against yet the same being a Supersedeas and admitting long process it is often more costly and dangerous to the Client than all that hath preceded and though they humbly conceive Appeals just and usefull yet to prevent the inconveniences thereof they humbly propose That no Supersedeas upon a Writ of Error be from henceforth made forth or allowed but that the Court where the original Judgement was entred may make forth Execution as though no such Writ of Error had been brought or Record transcribed unless the party prosecuting the same deposite in Court the Money or other Duty recovered or give sufficient bail to satisfie the Judgement with the costs and damage awarded in case the same Judgement be affirmed or the Writ of Error discontinued or abated or the Plaintiff therein non-suited and that the death of any party to the said suit shall not discharge such bail and that from henceforth no Writ of Error shall be received or allowed unless the same be returnable within eight daies if there shall be so many in Term and if there shall not happen to be eight daies in Term then at the first return of the next ensuing Term and that the Plaintiff in such Writ of Error shall without any Scire facias assign his Errors within four daies after the return of the said Writ whereunto the Defendant in the said Error may if he will appear gratis and be at liberty to alledge dimunution or joyn in issue and proceed to the examination of the Errors and that in case Judgement be affirmed and it appear any such Writ of

Error shall be brought meerly for delay or that the matter assigned shall not be difficult or abide argument then the party Plaintiff in the said Writ of Error to pay to the Defendant for his or their delay therein treble costs and damage and in case of Non-suit or discontinuance before argument double costs and in case of abatement or in such cases where the matter shall be difficult single costs and damages and that the parties may have thereof like execution as for the principle debt or damages 9. They humbly conceive it fit that some legal course were provided for the recovery of Legacies and that the Client should not be forced to an equitable course in Chancery for every petit Legacy There is by reason the Civil Law hath no compulsary process no remedy but in Chancery for Legacies where if the Legacy be small it is quickly spent with a great overplus the remedy whereby often proves worse than the disease They therefore humbly propose that an Action of Debt Trover Detinue or other Action as the Case requires may lie at Common Law for the same and that therein the thing demanded upon due proof made upon the Tryal may be recovered with costs and damages and like defence and process may be had therein as in such other Actions are or shall be used at Common Law 10. As the Law now stands the Heir may defeat all Creditors for if he fear the debts of the Ancestor he may alient the same day his Ancestor dies and leave the Creditor no medium to bring his Action and though it is true that fraud may be averred yet few frauds are hard to be proved They humbly conceive it very hard to the Creditor that the bare alienation of an Heir should defeat him of a just debt the same being often done meerly in fraud when perhaps the Creditors money purchased the land discending and therefore they humbly propose that an Action of debt may lie against the Heir in all cases as well after as before alienation and that his Person Goods and Land may be subject to the execution for the debt of his Ancestors upon specialty to the value of the land discending in Fee-simple or Fee-tail and that such Action and this proposal may if the Parliament shall conceive meet be extended to the heirs of Copyholders as well as Freeholders 11. They humbly propose that for the avoiding of unnecessary and frivolous suits at Law that it may be enacted that if any Attorney or Sollicitor shall deposite in the defence or prosecution of his Clients Cause any other or larger summ or summs then so much as the charge thereof shall surmount unto in Easter Term Trinity Term and the short Vacation or in one other Term and Vacation that then such Attorney or Sollicitor shall be without all remedy to recover the same against the Client at Law 12. In Replevin at Common-law tender of amends before impounding in all cases was a good Bar and by the Statute 21 Jac. in trespass for involuntary Trespasses tender of amends is made a good plea being done before Action brought but because many times impoundings and actions are made and brought perhaps before the Defendant hath any knowledge of the Trespass this proposal is presented But for voluntary trespasses it is conceived fit to leave them at the Common Law to prevent greater inconveniencies And for the further avoiding of the frivolous suits at Law they humbly propose that tender of sufficient amends with costs for all involuntary Trespasses may be a good Bar in all Replevins and Actions of Trespass brought for the same so that the same be done before the Rules be out for pleading in such Action FINIS