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	plaintiff_n	writ_n	4,414	5	9.5649	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A94126	A Supply to a draught of an act or system proposed (as is reported) by the committee for regulations concerning the lavv: wherein are provisoes against several inconveniences which may befall the free-people of this nation thereby, unless seasonably by the Supreme Power, or otherwise prevented. To which is added, a short treatise of tithes, shewing their original rise, to whom due, how they have been disposed of from age to age; with seasonable proposals for the future preservation and advancement of religion and learning, and setling a competent maintenance for ministers and true labourers therein, for perpetual quiet of the nation. Published by divers officers and souldiers of the Commonwealth and Army, being the second part of their antidote and tendered to the same consideration.	Leach, Edmund, of London,	1653 (1653)	Wing S6192; Thomason E693_7; ESTC R203687	32,930	42

of Covenants only setting down the Breach and the date of the Indenture but not wha● the Covenants are whereby the Defendant is left in the same case as before is mentioned and besides most commonly a Defendants taketh no counterpart of Covenants and likewise the breach may be of covenants in a Deed Poll whereof no counterpart useth to be made and thereby how can a Defendant defend himself against a thing falling upon him from a place out of his sight Another L.SS. A. complaineth of B. for that A. being a tradesman the said B. the _____ day of _____ spake these false and scandalous words of him that is to say A is a Bankrupt to his damage of _____ without mentioning of what trade the Plaintiff is or upon what occasion the words were spoken that the Defendant may be provided to bring his witnesses if he have any to counterprove the trade if certainly layd as well as the manner and occasion of speaking of the words in which the Defendant will receive prejudice if the Declaration should be so generally laid and be put upon diverse inconveniencies as before is mentioned for he may be a tradesman and yet neither buy nor sell or at least not buy upon trust which few handicrafts men do to any considerable value and the words may bear actions by reason of many circumstances without which they would not lay Other Presidents is said there be so proposed the observing of which may tend to much intricacy but very few not near so many as will be necessary to be used for which there be very good old Precedents in which most as is conceived is necessary and little surplusage in them and besides many actions upon the Case be new Precedents and divers others for which no Precedents can be contrived before they happen so that upon the whole matter the old way and course concerning these things is conceived to be the best but with this that if any shall put any apparent unnecessary surplusage in any Declaration Bill or Pleading he shall be alowed nothing for such matter And if no other formes should be but such as is so proposed as is said shall not the Defendant then be as a man alone brought sent put or left without Arms or Ammunition in the field to fight with or defend himself against another armed with severall sorts of weapons and company Another of them as is given out being that no Attorney should be admitted to appear for any person untill oath be made of serving of a summons unlesse he make oath before the chief Clerk that he had order from his Client to appear and produce a warrant to the chief Clerk under the hand and seal of the Client Nor shall any Attorney confesse Judgement in any cause and if the Attorney shall appear without Warrant from his Client or confesse Judgement against his Client to suffer punishment And if it should be enacted in such manner without any further provision or limitation together with laying aside all penalties which is hoped is not intended though it is said it is proposed then would there be four times as many Trials as formerly usually there have been about six Judgements being usually entred to one Triall wherein neither partie to the Sute have been at Charges of Counsell as they usually are at Trials and Enquests of Office which is doubted will continue the charges in Sutes at Law as high as formerly if not increase the same but there being so much already written and long since published in print abroad concerning these things And examination of Witnesses For prevention of perjuries and excessive charges in Trials and abatement thereof For sale of Distresses taken for Rent For enlarging the Statute for tender of Emends for Trespasses and that it may be in Replevins after Cattle in Pound and for goods and chattels after the same taken into custody with damages and costs to the time of such Tender And of Motions and Orders Undue Courses of Jury-men by receiving Rewards For procuring speedy appearances at small Charges Prevention of Arrests without cause For Relief of Creditors against wilfull prisoners poor prisoners against merciless Aversaries Excessive Charges by Bills and Answers c. Frauds by Monopolizing Officers and Attorneys For an easie way without charge to either party Electing or to be Elelected and without favour or affection or fear of any person for election of future Parliaments or Representatives Relief of honest Executors and Administrators against payments of Debts and Demands out of their own Estates due from Testators and Intestats more than the value of the Goods or Chattels of the Testate and Intestate which shall come to their hands and of Debts not due and of Creditors against dishonest and fraudulent Executors and Administrators For preservation of Shipping from wilfull destruction by deceitfull persons to defraud Purchasers and Creditors of their Ships For compelling of Defendants speedily to answer when the Plaintiffs Witnesses be sick or going beyond the Seas and such Witnesses immediatly to be examined for speedy appearance upon serving Writs or Warrants in Chancery or to have Decrees within a short time for Default thereof For enabling a Conusor or Plaintiff in a Judgement or Statute if he will to make his Entry and Claim and then bring his Action for Recovery thereof which he is driven to after with much Trouble and Charge about Executions concerning the same And for Recording and Registring of Deeds and Conveyances Judgements Statutes and other Incombrances upon Lands and Tenements For prevention of Frauds and Deceits in Sales and quieting of possession of Purchasers And for enabling Creditors to have the benefit of Coppy-hold and Intayled Lands and Tenements for their satisfaction as far as may be conveyed by Surrender or cut off by Fine or Common Recovery And of all Chattals Reall as well as Personall it is forborn further to write of or concerning those things And as concerning the necessary continuance of Writs of Error in some cases which as is also said is proposed to be taken away which if it should happen is doubted will be an occasion of Appeals if any shall be to run to Infinites in such manner that it will be impossible to have any considerable number of any Appeals to come to a period by that time as is given out is proposed concerning the same but that the same rather will remain severall years undetermined And as concerning divers other things necessary to be taken into consideration they being ready written to be published in convenient time it is forborn further to mention any of them Another as is also said is to the effect That Distresses taken for live goods preserved by the space of ten dayes and not replevied and of dead goods not replevied in 15 dayes may be sold which shall be in this manner that is to say The party distraining or some on his behalf shall acquaint the Sheriff therewith who shall at a Court c.