Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	error_n	law_n	writ_n	2,710	5	9.4811	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

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

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

and all kinde of Commodities or that it will be any more then to kill and destroy the Heart the principal part and seat of li●e and to hope notwithstanding that the Liver Veins and Arteries and all that conveyed Blood Spirits and nutriment to it and received life in exchange from it or the Feet and Hands Stomach and Belly that used to supply and be subservient to it or the Head and Eyes that used to govern or guide the Body which belonged to it can be in any good condition and enjoy a health or welbeing when that so eminent so vital and principal a part of the Body shall be cast into a Consumption languish or be extinguished And yet when all is done and the sad effects and consequences of it suffered the design or pretence of these Registries of securing all Purchasers of Lands and Lenders of Money or to make Mens Estates to be so visible and transparent as no man in selling or borrowing shall be able to cozen or deceive or not satisfie one another will be no otherwise possible then to break in pieces and disturb a whole Nation and put them to a great and unnecessary expence to do that over again which is already done and better then they can do it and leave them open notwithstanding to as many hazards and contingencies as they were before CHAP. VII That it is impossible to provide against all which may happen to be Incumbrances FOr Confiscations and Forfeitures of Lands for Treason Murders Felonies and Premunires may be grand Incumbrances to Purchasors or the Creditors of those that commit them Misdemeanors Fines Forfeitures of Offices or Places Mortgages Statutes Recognisances Bonds and Penal Bills breach of Penal Laws Covenants Trusts and Conditions which arising out of the Wills or Pravity of Men or the necessities or carelesness of themselves or oppression of others from Causes either in themselves or others 〈◊〉 from Actions past or to come may be a loss or lessening of mens debts or great obstructions in the recovery of them Dowers Intails powers of Revocation not to mention or insist upon the various or manifold Incumbrances which may arise or come by Copihold Estates which being not chargeable with Debts or Extents are in themselves Incumbrances and were not long ago little less then a sixt or seventh part of the Lands of England with their Admissions Surrenders in or out of Court absolute or conditional and their many several sorts of Forfeitures Lands of Gavelkind or Burgage Tenure Ioyntures made after marriage and refused Elopements and unlawful Marriages Tenancy by Curtesie and trusts with other Mens Money and Estates Moneys insured by Policy of Exchange Bills of Exchange accepted Errors in Matter of Substance in some of the Creditors Judgments which may be a cause of Reversing them Disherison of Sons and Heirs Apparent concealed Illegitimacies Intrusions and wrongful Entries Actions of Battery and Scandal and all manner of Actions or Suits in Law or Equity which may lessen or prejudice any Mans Estate Assumpsits Promises and Ingagements by word of mouth which may make as many Obligations Troubles and Ties upon Mens Estates as Bonds or Bills can do or did before such kinde of Writings or Instruments were invented Imbargoes high flying gaming or gading Wives which the Roman Censors would have reckoned amongst Incumbrances prodigal Children losses by Fire Sea or Land Wars Factors or bad Servants Suretiship or too much trusting death of those for whose lives they held Land or Estates or had any dependancy upon sickness decay of trade deceits or wrongs done by others vain and unnecessary expences many of our Actions past or to come in facto or fieri esse or posse And all manner of casualties accidents or contingencies which are not visible before-hand or appearing or possibly to be found in any Registry may prove to be no small Incumbrances to Money Lenders upon Bonds or Bills Iudgments Statutes or Recognisances especially if the Debtors have no Estates in Lands or shall be liable to Statutes of Bankrupt which all the Lillies or those which pretend to be in Commons or greatest familiarity with the Stars or the greatest wits or endeavors of men can neither perceive before they happen or tell any one how to escape but must be constrained to reckon it amongst the number of the Grand Impossibles to be done by the sons of men and confess it to be a work onely sit for Omniscience and Preseience of which there will be a Non Datur to these new kinde of Registers as well as other men And would in the attempt of it busie and employ all the Clerks and Writers of the Nation though to no-other purpose then to make the people travel up and down vex themselves with fears and jealousies and spend more then Twenty times as much again as they do now in their Writings Assurances or Contracts whereas all the charge of the Inrollment Office in Chancery wherein three parts in four of the Inrolled Deeds of the Nation are inrolled did never as yet cost or put them to the charge of above One thousand pound per annum The Accompt and Ballance of which vast Registry and the calculation of the Riches Poverty or Estates of Men Lands bought or sold transferred or settled to Uses and passed after or involved in two or three other Mens Estates And what is become of the Money with the Payments Satisfactions Profits Incomes Losses Rises or Falls in expences in House-keeping Apparel or Recreations Releases Acquittances and Discharges of Lands Statutes Judgments Recognisances Bonds or Bills Promises Covenants or Contracts with those many numberless Intricacies and Impossibilities which will attend such a work will not onely confound the Auditor or a whole Colledge of Astrologers if they should undertake it but give them or any who shall come to be satisfied or secured by them to understand that it will be as vain in the product or expectation of it as the design of Uttamacomock the Virginian proved to be who being taken at home for a grand piece of Policy was sent hither in King Iames his time and directed by Powhatan his King or Emperor to take the number of the people of England and learn their Estate and Condition did when he came to Plimouth stand at his Lodging door and upon a long stick cut a notch for every one that came or passed by But at last finding his notches like to wear out his stick and not being able to know or distinguish those that passed by or returned or for which he had made notches before had the wit to give over and conclude the people to be very numerous and the work impossible CHAP. VIII That if it could be possible the people will not willingly be at the trouble or charges in all their Contracts to search in so many County Registries to discover Incumbrances OR if this Impossible could as it never will be made Possible and that all or any