Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	defendant_n	error_n	reverse_v	4,106	5	12.9296	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49855	The down-fall of the vnjust lawyers, with the monopolizing officers, who have devoured much of the wealth of this nation, and the rising of the just written and proposed in order to the abolishing the chargeablenesse of proceedings in law-suits / by Edmund Leach of London, merchant.	Leach, Edmund, of London.	1652 (1652)	Wing L768; ESTC R10031	13,034	16

witnesses living and of perfect sense and memory and in England easie to be found by such complainant or complainants and untill such complainant or complainants after such Defendant or Defendants have joyned in Commission in the said Court of Chancery with the said complainant or complainants so examined of the said witnesses again have had sufficient and convenient time viz. by space of next after such joyning in Commission And that such Commission shall be fairly written in parchment and the said Depositions written in manner and form as is mentioned in the said Proposalls II An Abatement of the Motions and Orders c. FOrasmuch as in Antient times when the master Clerks of the Chancery being in those Ages very learned in the Lawes of this Nation did contrive all manner of speciall Writs then called master Writs very pithily and well seldome committing any errour or mistake in any of them And whereas also the antient Serjeants at the Law in such times did contrive and draw all speciall pleadings in like manner and then were all suits speedily and with so little Charge or trouble ended as the people of this Nation did finde and perceive that they had full speedy and equall Justice done unto them and did sit down in quiet without multiplying suit upon suit and turmoile themselves in trouble and discontent many years together as hath been too often used by very many of late since such master Clerks and Serjeants have been imployed about other businesses that is to say such master Clerks about References Reports and Accounts bringing their in much greater benefit And such Serjeants altogether or for the most part taken up in moving and arguing at the bars of several Courts and pleading at tryalls at the Common Law and hearing in the Chancery whereby few or none can procure them to contrive any such thing And as it is thought few or none of such master Clerks can tell how to contrive or draw any thing which before by such their predecessours were in those ancient times usually done by occasion whereof Suiters in these latter times have been constrained to goe to Clerks or Attornies to have such things contrived or drawn whereof some who have set themselves forth highest have been very ignorant which many Suiters being but of weak or mean judgements or capacities could not apprehend whereby very many mistakes and errours have been committed and omitted in such things which have caused many Suits and Causes upon Writs and Bills at Trialls to be lost and no further proceedings thereupon to be but the plaintifs therein forced and compelled to pay costs to the defendants in such Suits and divers Verdicts to be quashed and overthrown upon matter moved or shewed in Arrest of Judgement and also sundry Verdicts to be reversed and annulled by Writs of Errour all three of them many times the one after another after the suiters in such actions and suits have been at very great charge trouble and labour and great losses in the hindrance of them in their Callings and Professions and thereby many have spent very much some as much as the very demand in question before they have or could obtain their just debts and demands and others have been so impoverished by the means aforesaid that they have not been of ability further to prosecute such suits for their Rights but have given over and lost the same and many inconveniences and mischiefs and such charge and trouble and losse have happened in overthrowing quashing and delaying of divers Decrees Sentences and Finall orders in many Courts And whereas of late time most persons in possession of Messuages Lands and Tenements and wrongfully holding out others have had the same by lease or so claimed and some of them held over their terme in the same and many of those also who have had the immediate right of possession of such Lands and Tenements have had the right to the same by leases whereby most Suits in such case have been brought by actions of Ejectments framed upon Leases which could not be tryed by writs of Assize which hath been the most speedy remedy in this behalf and Judgements given at the same Assizes when and where the Verdicts have been found and many times one of the parties to such Actions of Ejectment have departed this life between the day of the Tryall and the day in the Bench then next following whereby all the proceedings before mentioned have fell to the ground and the parties their Executors or Administrators to begin anew and by the same occasion Writs of Assize be grown so obsolete that few know how to proceed as they should do in the same and thereby most causes which might have been prosecuted by Writs of Assize have been begun and ended upon and by such Actions of Ejectment which have occasioned divers of such inconveniencies and mischiefs as before are expressed And whereas also in these latter times more light hath appeared in all manner of learning to the severall sorts of the people of this Nation then hath in antient times ten being learned in these times to one in those most ordinary people then depending wholly upon the Priest in most ordinary matters and it is hoped the people here will more and more increase in learning and judgement And therefore it is expected and desired by most that all manner of proceedings in Law should be amended and not run into worse and worse order as they have done of latter years And forasmuch as great and most pitifull lamentations have been made to divers persons in many places by multitudes of people who have been turmoiled in Suits in the Court of Chancery and other Courts that many of them have been and usually are put to divers unnecessary and excessive charges by Registers and Enterers and writers of Orders and rules their Deputies Clerks and Agents in such Courts and that divers unnecessary Orders have been made in such Courts by such Registers and others with them before mentioned and drawn out much longer then hath been or is necessary and contrary to the note or notes by them taken upon hearing and debating of the matter touching the same for their own onely lucre troublesome and burthensome to such Courts and Councell there and hurtfull to the parties in and to such Suits and that there hath been such multitudes of Orders in those Suits that very many who have prosecuted and defended the same Suits have given long and much attendance before they have procured or could procure any Entries or Copies thereof to be made by reason as divers such lamentations have been of money or rewards given or promised to such Registers Writers or Enterers their Deputies Clerks Servants or Agents to draw up such Orders or rules stricter or to some other sense then such Courts did truly direct and order under colour whereof very many have complained that many honest and just Causes have miscarried and that in the same much charge perplexity trouble travell

Register or other party before with him mentioned transgressing in the premises or taking more then before mentioned shall forfeit lose and pay to every party grieved or damnified or to be grieved or damnified in the premises for every offence and default concerning the premises forty pounds of lawfull English money to be recovered as before is mentioned And that for the ease and quiet of all Courts and people that all Registers and such other persons before with them mentioned who have or can come by any choice Presidents or Orders of divers natures made in several Causes of sundry natures upon solid and mature deliberation be desired or required that every one of them may and will produce and bring in as many of them in particular as he in particular doe or shall know where to find or come by to be entered together and that a method may be kept for the ready and easie finding of the same to be viewed by any or that the same may be collected together and published in such a method in print for the purpose aforesaid that people may not remain hood-wincked and blinded of the proceedings and Causes of making Decrees and Orders in the Courts of Chancery and such like Courts as they have been but that they may be informed and advised in and of the same as well as they have been in other Courts And that such Orders or Rules as hereafter shall be made upon solid and mature deliberation as aforesaid may be brought into such Courts and so entered or published as aforesaid And that if any of such Registers or any other before with them mentioned doe or shall draw up any Order or Rule contrary to the notes taken by any of them in any Court upon the matter moved or argued or to be moved or argued whereupon such Order or Rule shall be made and the same be also contrary to that which shall be pronounced in such Court and such Chancellor Judge and Judges who pronounced the same or the major part of them neither do nor shall justifie and maintain that which such Register or other party before with him mentioned shall so draw though it be contrary to such note or notes taken or to be taken that then every such Register and party before with him mentioned shall for every time he doe or shall so draw contrary to such note or notes forfeit and lose and pay to every party to be grieved or damnified thereby a 100 marks of lawfull English money to be recovered as aforesaid III For speeding appearance upon serving Writs or Warrant in Chancery or to have Decrees within a short time for default WHereas divers stubborn perverse froward and unconscionable people after they have been served with Writs under pains or Warrants to appear in the Chancery and other Courts and there to answer to Bils exhibited against them have stood out Attachments Proclamations and Commissions of Rebellion and processes to Serjeants at Armes for many years before they have appeared or would appear whereby many honest people of this Nation have been defrauded of vast summes of money by chargeable Motions and Orders and otherwise It is proposed to be desired that for remedy thereof it may Be Enacted That if any person or persons hereafter being served with a Writ or Warrant commanding him or her to appear in any such Court and shall not appear but stand out an Attachment or other processe then when he or she shall be Arrested or Attached thereupon he or she shall be kept in prison or safe custody untill sufficient Sureties be or shall be put in to and for the use of the Co●●lainant in such Suit not onely for his or her appearance there b 〈…〉 t he or she shall perform the Order of such Court to be made upon the hearing of the Cause in such Court And that if such person or persons so served or warned to appear and shall not appear within two months next after such warning or service and the same be proved by the Oath or Affidavit of two honest Witnesses and of good ability in Estate then may such Court put the Complainant or Complainants in such Suit to make proof of so much as he she or they can and after to proceed thereupon to hearing as if such defendant had confessed the residue thereof and to pronounce a decretall Order and award Execution thereupon if the Complainant or Complainants in such Suit doe and shall find and put into such Court good able and sufficient Sureties to make restitution of that which such Defendant doe or shall lose or have taken from him or her by vertue of such Execution if after his or her appearance and answer sufficient and examination of Witnesses in such Court it shall be there so considered of pronounced or adjudged IV That a Conusor or Plaintif in a Judgement or Statute if he will may make his Entry and Claim and then bring an Ejectment or reall Action as the Cause shall require which he is driven to also great charge and trouble about Executions served concerning the same WHereas divers honest people of this Nation have been put to great expences and charges and put to much delay about Executions of writs of choise and extents and specialll writs upon Outlaries against Lands and Tenements And yet after such expences and delayes and Executions done or could the plaintifs or Conusees in such Writs have possession of such Lands or Tenements till they have or shall prove their Title thereunto upon an Action of Ejectment if a plea be pleaded thereunto And the Tenant in possession thereof thereby evicted And after such Plaintifs and Conusees have been outed the same by dormant precedent Titles and Charges which they neither have nor could come to the knowledge of till they have been brought upon such Lands and Tenements And divers others have had their inquisitions upon such avoided by Writs of hearing complaints by reason they have not found their Inquisitions of all the Lands and Tenements which were of the Defendants or Conusors in such Writs at the time of the entring into the Judgements and Statutes upon which such Writs have issued and after many times some small parcels thereof have been omitted by reason they have been obscure and dormant as aforesaid till such Writs of hearing complaints brought For remedy whereof it is proposed to be desired that it may Be Enacted That any plaintif or plaintifs who hath or have or hereafter shall have a Judgment Statute or Outlary against any defendant and shall be advised by Counsell or finde that he she or they can have no further intelligence by inquest upon Writ or Writs of Elegit or Extent then they shall know before may make his her or their Entry and Claim upon and unto all and every parcell and parcells of Lands Tenements or Hereditaments Annuities or Rents in all every or any mans possession or wherein such defendant was then seised of any Estate or had any Estate Title Interest or terme of years which were of such defendant the time of such Judgement entred or such Statute acknowledged or such Outlary promulgated or after And that such entry shall be as sufficient for such plaintif or plaintifs as if any Elegit Extent speciall Writ of Outlary and liberate thereupon were thereupon executed returned and filed And that upon such entry and claim such plaintif or plaintifs shall and may be intituled as or in the nature of Free-hold of and in such Lands Tenements Annuities and Rents and prosecute for recovery of and have and take the possession Rents Issues and profits thereof in as ample and beneficiall manner and forme as in of and concerning other Lands and Tenements that is to say by vertue of such Writs of Choice or Extent untill such plaintif or plaintifs be or shall be fully satisfied of the debts or duties in such Writs and by such Writs of speciall Outlary untill such satisfaction reversall or pardon of such Outlary and sufficient Bail mainprise Sureties or Manucaptors found and put in the Court into which such Outlary be or shall be returned for satisfaction of such debt or duty if it be or shall be recovered upon a new Action to be brought for the same cause upon or for which such Outlary was or shall be pronounced And that by reason of any such Writ of hearing Complaint no person or persons shall be removed from or hindred of the possession of any such Lands Tenements Rents or Annuities so extended or to be extended other then of so much onely as the plaintif or plaintifs in such Writ of hearing complaint do or shall make appear upon Tryall that the value of the Lands Tenements or Annuities so omitted to be extended be or shall be compelled to make restitution to the plaintif or complainant in such Writ of hearing complaint of the profits received or to be received of such Lands Tenements Rents or Annuities for the time that such person or persons so extending entred or shall enter upon the same untill their time of the leaving the possession thereof onely for so much as the value of such omission during the same time be or shall be And that then such Conusor or Conusors Plaintif or Plaintifs in such Judgements or Extents may extend such omissions every of them as they be or shall be so brought to light the on● of them after the other of them THE END