Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	debt_n	error_n	writ_n	3,424	5	9.9300	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54692	The reforming registry, or, A representation of the very many mischiefs and inconveniences which will unavoidably happen by the needless, chargeable, and destructive way of registries proposed to be erected in every county of England and Wales, for the recording of all deeds, evidences, bonds, bills, and other incumbrances : written in the year 1656 when Oliver and the Levelling-party made it their design to ruine monarchy ... / by Fabian Philipps.	Philipps, Fabian, 1601-1690.	1662 (1662)	Wing P2014; ESTC R14829	37,868	105

per pound for the other hundred besides other charges Which Writ of Extent being returned and filed in the Petibag is the Warrant for a Liberate directed to the Sheriff to give possession of the Land extended which is but many times the beginning of a greater charge in bringing Audita Quaerela's or Bills in Chancery When as it is in every year to be proved and acknowledged for a truth That of Eight hundred Actions or Writs issuing forth of the Court of Common Pleas or Upper Bench in a year in some one particular County for Debt upon Bonds or Bills or in some other Personal Actions there are no Warrants taken out to Arrest above Six hundred of them in regard of the Defendants speedy Agreement and of those Six hundred not above Three hundred are Arrested or come to enter their appearance and of those not above a half come to plead or make any defence and not the on half of them do afterwards come to tryal at the Assises and not a fifth part of those do come to move in Arrest of Judgment or sue out Writs of Error or put in Bills in Chancery And those that do not proceed so far as to Arrest do not put the Plaintiff or Defendant to so much as Ten shillings a peice charges the second sort including the former charges not Twenty shillings a piece if the Defendant be not a desperate fighter and hard to be taken and the third sort if there be no special or long Pleadings not above Thirty shillings in all and the fourth sort or such as come to tryal not above four or five pounds with all the charges reckoned together besides that of Witnesses or extraordinary Counsel so little is the expence of time and money in the present way or course of suing upon Bonds and Bills and other Personal Actions And so much is like to be the delay and charges and vexation of that which some would so willingly have to succeed it But if the trouble and charge of Certificates into the Chancery and suing out of Audita Quaerela's and such a generation of Suits as are like to happen by such a severe kinde of Securities shall be endeavored to be prevented by making every Registry to be a Court of Record and to have something to hear and determine as well as to Write and Register CHAP. VI. Of new Courts or Judicatories to be erected in every County to hear and determine Causes THere will be then Fifty two Judicatories or Inferior Courts more then are already erected one of which to be added to every County in England and Wales will come before they will be welcome or wanted for every Shire in England hath already the Summer and Winter Assises Quarter Sessions four times in every year County Courts every moneth Sheriffs Turns Courts Leet and Baron and weekly or three weeks Courts in its City or Towns Corporate amounting in every County to no less then Two hundred one with another which being in the wisdom of former ages and some hundreds of years past and every years experience since sound to be in their due limits and bounds very necessary and useful do make as many Law-days and meetings for the people as they have need of To help which new Courts or Judicatories to work or business if Bonds and Bills which they would have the Registring of or any other of the Causes or Matters which are and have hitherto been from time to time dispatched by the Courts at Westminster when they had before the Wars and Troubles of these later times almost half as much or as many again as they have now with good content and conveniency to the people and to all who have had occasion to seek for or attend their Justice if those that are ignorant or peevishly self-conceited or discontented because their desires or unjust expectations have been frustrated in some Actions or Suits which they prosecuted or defended would but let Reason or Truth be judge of their Mistaken-apprehensions and not lay their own or other mens errors or failings upon the Courts or Judges shall be transferred and carried into these County Judicatories from the more knowing and Superior Courts and Judges at Westminster who besides their well-known learning and justice in all Causes which are brought before them may for an evidence or testimony of the peoples approbation of them call to witness the many causes which for many ages together and in every year are and have been removed from the Inferior Courts to the Superior for want of Justice and the many Juries and Tryals at their Bars which by consent both of Plaintiffs and Defendants are yearly and termly brought from the Counties as well near as remote to be heard by the more learned sort of Judges and Courts And put unto the Judgment and determination of the less or very little or not at all able or knowing will stop up the ways of the places of the paths where Wisdom and Justice made their constant habitation deprive and take away if they shall not be impowred to try by Juries from every man so much of his part and interest in Magna Charta as the want of his tryal by his Peers or a Jury will come to put the spear of the mighty into the hands of those that are not able to weild or manage it inforce the people to inquire of the blind and deaf the way to make an end of their controversies by carrying their causes to such as are not able to judge or determine them which may after the expence of much money time and labor yield them as good a Crop or Harvest as Ulysses had when he counterseited himself to be mad by Ploughing the Sand or Shore with his strange kinde of Cattle and sowing of Salt instead of Corn. Or if the Sheriffs Turns and County Courts shall be put into the power and care of those Judicatures That ancient and necessary Officer of Justice and the execution of the Law will be made either to be as nothing or but the one half of what it was formerly and ought to be and the whole frame of that ancient and useful Jurisdiction put into disorder or dissolved or if the Hundred Courts Leet and Baron will take away the inheritance right and property of the Lords of Manors and the necessary relations and dependences which are and ought to be betwixt them and their Tenants contrary to Magna Charta and the whole tenor of our Laws and Liberties Or if these new Judicatories shall as the Systeme-makers had for the setting up of others not long ago contrived be made up of several parts or pieces and torn or taken out of that goodly order and frame of our Laws and Body Politick or as the Romans did in their original contempt and poverty in the getting the Sabine and Neighbor Virgins to be their Wives sally out upon other Jurisdictions and Ravish and take to themselves what

to some one or every of these Superior Courts as to several respects whereby with less charge to the people or trouble to those Courts to collect and make up their Registers out of the Records if there could be any need of it as the Clerk of the Pipe and Exchequer Remembrancers are order'd by Act of Parliament to do one out of anothers Rolls or Office the Decrees and Recognisances in the Chancery and Exchequer and the Judgments in the Courts of Upper Bench and Common Pleas at Westminster must by this new and unpractised way of Registers be certified out of those Superior and Grand Courts of the Nation to those who are neither Courts of Record nor intend to be in any subordination to them with a great deal of unnecessary charge and trouble to the people to procure Exemplications under the Seal of the said Courts or authentick and sworn Copies of Records of them the latter whereof being to be delivered by the Plaintiffs or those that obtained the Judgments or their Attorneys or any other interessed therein may produce many inconveniences and send them to and from all parts of the Nation one as far as from Kent to Westchester and another from Oxford to York to Lincoln and upon three several Judgments had at London as it many times happens upon one Bond for payment of money wherein three or four several men of three several Additions or Residence do stand bound to send into Wales Northumberland Devonshire Cornwal or the like to have them entred in the proper Registries where also Judgments in personal and transitory Actions against men who have neither Lands or any fixed Residence in one County more then in another and write themselves of several places will be so much the more difficult in the search and finding them As Fisty two Shire Towns are most commonly farther distant from those that must go unto them and at all times not a little remote one from another and not so easie or expedite a search as it would be with the Registers or at the Chappel of the Rolls in Chancery the Prothonotary of the Court of Upper Bench the three Prothonotaries of the Court of Common Pleas and in the Pipe and Two Remembrancers Offices in the Exchequer the Office for Probate of Wills the Fine Office and Clerk of the Warrants and the Statute Office who are all of them constantly to be found most part of the Vacation and all the Term times within less then a mile of one another at London without sending any one on purpose thither Or if the Plaintiffs or the Superior Courts whose Judgments and Decrees once entred and inrolled cannot by the Judges themselves be stayed or arrested without a Writ of Error in Courts of Common Law and a Bill of Review upon a Decree in Chancery and are sworn not to deny any man Common Right shall be ordered to transmit or certifie Copies of such Judgments or Decrees with an Injunction That they shall not be otherwise valid or put in execution will not onely be unparalelled and unpresidented and against the Oath of the Judges and Common Right and Justice but render those ancient and superior Courts to be but as half Courts of Record and their Judgments but Interlocutory or as Offices onely of Inquest and Inquiry and the Registries to be in effect and power as their Superiors Mean while the people having obtained any Judgments or Decrees in those Courts concerning Lands or Personal Estate sh●ll by this new way of Registries be if there shall be no provision or exception for such Cases necessitated and put to another needless charg● and trouble of transmiting Copies of 〈…〉 and Decrees which by a 〈…〉 Composition or Agreement whi●h happens so often as there is not one Judgment in every twenty in a year considered one with another which stands unsatisfied or unagreed or remains as an Incumbrance for three Terms after do come to be either useless or not at all to be put in execution or be disabled by such restraints to take Executions upon such Judgments which are not satisfied though it be against a flying Debtor or a wasting estate or to acknowledge satisfaction upon any such Judgments until they shall be transmitted to the Registries where unless all Releases Satisfactions and Payments either in part or in whole upon Judgments shall be also entred Which with the other troubles of Registring will be enough to keep all the men and people of the Nation from the danger of falling into the Lethargy or sleeping sickness they may receive mens moneys for Searches and Certificates but never be able to give a certainty or truth of what shall be desired of them Bonds Bills and other Writings which are now usually made upon all occasions and at all convenient times and places in above Nine thousand Parishes Sundays onely excepted and many of them in half or a quarter of an hours space with great dispatch and ease to the people cannot if they must be Registred be made now or done as formerly without both the parties travelling together to the Registry or meeting at 1. or more Shiretowns in fifty two to acknowledge and enter them which may be Forty Thirty Twenty or Ten miles off from the place where the Contracts were made and will so trouble every mans ordinary and formerly easie enough affairs and business in that kinde as to make them to be no less then extraord nary Incumbrances and too much discover every mans Estate and double every mans misery and wants in taking away his credit which might by degrees be a means to help him out of it Unlock and throw open every mans Closet or place wherein he keeps his Writings and Evidences and expose them for the Registers Fees to the view of every one that shall have a desire to see and take Copies of them which the Chancery and other Courts would not suffer to be done or so much as to be seen or read by their adversaries unless at hearings or tryals nor their Counsel Attorneys or Solicitors to be examined as witnesses against them or to discover what they had seen or understood by their Writings or Evidences Mens wives may by this means be as privy as themselves to their Estate and Evidences which wise and good men many times finde fitting to conceal from them to the end that they may not lavish and be the more irregular in their desires and expences And their children more prodigal and wasteful and less careful to please their Parents or to be governed by them in their Marriages when they shall know what is before-hand setled upon them Those that have good Estates will be rendred so more then needs to be visible as the Taxers or Assessment-men shall be sure to over-rate them for although there be found such Deeds or Conveyances or Bonds or Bills made unto them which may seem as a good Estate or Income they cannot or at

Sellers or Borrowers Deeds or Evidences demand and require for Assurance Fines Recoveries Feoffments Warranties Statutes Recognisances or Judgments and Counter-Securities for performance of Covenants and be sure to have a discharge of such Mortgages Judgments Statutes and Recognisances which are found upon Record or otherwise discovered or to inforce the depositing of part of the money in their hands to free or discharge Incumbrances or Answers upon oath in Chancery to discover them And besides the usual Covenants of freeing and discharging all manner of Incumbrances done or suffered by the Seller or Borrower and if need be some of their Ancestors or from whom they claim and of making better assurance within so many years limited as the Purchasor or Lender or their Counsel learned shall reasonably advise or require do for the most part of them like some grand Seigniors or men of Empire in their Wills and Desires upon such as are to sell or borrow to defend themselves agalnst some importunate necessities and must needs therefore bow down before them and yeeld to all that is demanded of them rather take too much then too little Security to the great and many times impertinent cost of the borrower or seller and that with so great severity and never almost to be satisfied curiosity in the inforcing obtainning making recording and inrolling of their assurances as it is to be wished that they would but imploy the tenth part of that care and deligence to secure and provide for a Blessed Eternity And if amidst all these their cares and industries they happen to meet with any former Bargains or other Titles disturbing their Purchases or Mortgages which is very seldom Or that such as greedily hunting after cheap bargains and to have them to be so can be content to adventure upon crackt or litigious titles or incumbred estates or in a wilful hast or giddy confidence think their money or fees well saved if they trouble not a Lawyer that is able to advise or make their conveyance to be safe and legal but will either do it themselves or imploy some Scrivener Parson of the Parish or yong Clerk to make it or will not be at the charge of a Fine or to stay a day or two longer to get a Statute or Recognisance or have it done as it ought to be do come afterwards to be deservedly troubled with defects or controversies in their Conveyances or Estates which are for the most part caused or bred onely by the rashness ignorance negligence or carelesness of themselves or their Attorneys or Solicitors those few suits and troubles which sometimes accompany such kinde of Purchasors having for the most part besides the knavery of those who should have been bound faster no other cause or original are all of them notwithstanding not seldom holpen or set right again by those many remedies which the Courts of Law and Equity do afford them against voluntary or dormant Deeds or such as are not made upon good consideration old sleeping Statutes Judgments or Recognisances not in a long time called upon or put in Execution So as to constrain the people to such a Registry of all their Evidences onely to secure Purchasers who either will or might be sure enough to secure themselves without it some defects in Title being not by any Registring possibly to be discovered if the Deeds should be over and over and every moneth in the year Registred may seem to be as little necessary or pleasing to them as for every one in a Town County or Nation to be ordered or compelled to take Phisick every year or keep some costly or tedious way of diet to prevent Apoplexies or Gangreens or some such like seldom diseases or accidents which may happen to their bodies because some few have died or been much troubled with it when as multitudes of them are in health and do not need it many fear it not at all nor are likely to be in any danger of it some so poor as they cannot be at the charge and others not able to undergo the trouble or distemper of it And more especially needless when every man which doth but know any thing in our Laws or hath ever bought or sold Land or sought to recover any which hath been aliened from him or had Intails which his careful Ancestors thought to have been an unalterable provision for him and his posterity docqued and cut off cannot but confess That our Laws have from time to time been exceeding careful and made it to be a great part of their business to secure and protect Purchasors Bona fide who are already as well if not more provided for in their Conveyances and Assurances as any Nation under Heaven and as far also as the care or wit of man could hitherto conceive it to be necessary by Feoffments with Livery and Seisin Fines and Recoveries Leases and Releases Demise and Redemise Warranties Bars and Non-Claims Prescriptions Estoppels Entries tolled Judgments Statutes and Recognisances with Collateral security to perform Covenants Discovery of Incumbrances upon Oath the Statute of 27 H. 8. for transferring of Uses into Possession the Act of Parliament for Inrolling of Deeds of Bargain and Sale an Act to preserve the Estate of Tenants for years in a Recovery suffered by one in Reversion an Act of Parliament in 2 3 E. 6. for saving and allowing of Leases and other kinde of Estates not found in any Inquisition or Office to intitle the King three or four Statutes or Acts of Parliament against fraudulent assurances or such as go about to deceive men of their Debts and another in 27 Eliz. ordaining a forfeiture of a years value of the Land by such as are parties or privies in the same the Statute of ●3 Eliz. for Inrolling of Fines and Recoveries to avoid Errors in them three or four Statutes or Acts of Parliament concerning Bankrupts The Statute against forging of Deeds the Statute of 21 Jac. for limitations of Writs of Formedon unto twenty years after the Title accrued and another to quiet the Titles of all men against the King certain cases onely excepted which had been in sixty years quiet possession another That the Lands of men dying in Execution should be chargeable with their Debts and another to make it Felony against such as should levy Fines suffer Recoveries or acknowledge Judgments Statutes or Recognisances in other mens names with the Rule of expounding Grants strictly against the Grantors Debts to be paid before Legacies and Trusts void as against Creditors and many other aids and assistances not here enumerated which the Laws have been at all times ready to contribute to such as shall timely and seasonably require or make use of them But if there could be any necessity ground or colour of reason to lay so great and needless a charge upon the people in general in Registring their former Conveyances to prevent a seldom or far lesser charge or loss which might but possibly happen