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	party_n	reverse_v	1,569	5	12.4504	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

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 at Law and remedying some Inconveniences Whereby the Client will be much secured the Process shortened the greatest part of the charge of most Suits abated and many unnecessary Suits in Law and Equity prevented Which is the End and Desire of the Proposers Presented to the Right Honourable the Lords and Commons assembled in Parliament LONDON Printed for J. Starkey at the Mitre in Fleetstreet near Temple-Bar 1661. TO THE RIGHT HONOURABLE THE LORDS and COMMONS Assembled in PARLIAMENT May it please your Honours THe humble Proposers observing some unnecessary charges and delay introduced by the corruption and multitude of Offices and Officers which still increased besides some inconveniences that the corruption of time had produced the same being more obvious to them than others by reason of their experience in the practice of the Law for remedy thereof consulted how to apply themselves to the Parliament and to that purpose had severall meetings together wherein the Proposals now presented to your view were agreed on as things that would conduce much to the ease benefit and safety of the Suitor make good provision against the most generall inconveniences prevent many frivolous and unnecessary Suits shorten the process in many and ease the charge in all and which is not the least of their ambition take away those Aspersions that seem to blemish that Law the Law of England which they humbly conceive to be the most perfect Law of any humane Law in the World a Law that admits Nullum absurdum nothing against the Laws of God or Nature against Reason or repugnant to any other Learning wherein all matters of Fact are adjudged and tried by Twelve able discreet and indifferent Neighbors to the place where the Matter of Fact arises and the Matters of Law are debated adjudged and determined by as many of the most ancient grave and learned Lawyers of the Nation who for their great experience integrity and wisdom are first deservedly called to the state and degree of Serjeants at Law and after to be Judges and the process of this Law is so quick that it seldom happens any Cause at Law depends above three or four Terms But Covetousness the root of all evil having built some floud-gates upon the Channel thereof whereby the Course hath been obstructed stopp'd or diverted out of its due course and thereby more care taken to catch the Fish for the benefit of the Officers than for the dispatch and advance of the Clients business and the Proposers being unwilling to trespass upon the Freehold of others by pulling down the Wares themselves have by the drawing the Channel a nearer way in some Cases and in other upon a lower flat have nevertheless so ordered the business as they humbly conceive that most of the Grist will be ground without paying Toll at those unnecessary Mills And because Reformation wrestles with many difficulties it being hard to find an Ephesus without some Demetrius or some Critick that will conclude the Shrubs seek the fall of the Cedars hoping thereby to advance their own tops The Proposers have been very tender not to propose any thing that may in the least degree seem to advance their own Interests but many things that will turn to their particular loss they alwayes preferring the publick good before their own particular interests Neither have they rashly herein proceeded having spent many months in the Conception digesting considering and composing of what they now present to your more grave considerations and as they are not the issues of rash brains so they have not passed without perusall and correction of many others of good judgement and experience and are now to live and die under your Honourable censures whereby if you shall receive any light to the furthering the good work in hand or the Republick any benefit the Proposers have their wished ends and humbly therein submit themselves and these their poor labours to your better judgements by the hands of the most humble of Your Servants THE HUMBLE PROPOSALS Of divers of the CLERKS and ATTORNEYS Of His Majesties Court of COMMON-PLEAS 1. THey humbly propose and conceive These Fines are the 200th part of the thing demanded beit land debt or damage and must be paid at the Plaintiffs entrance into his suit though he never recover any thing That Fines upon Original Writs are against the Fundamental Reason of the Common Lawes of this Realm which never imposeth Fines but upon Offendors But these Addere afflictionem afflict is are exacted of the party injured who comes to sue for Justice when the party delinquent too oft escapes the punishment And therefore they humbly propose that the same may be taken away and no more payd or demanded 2. This is proposed to prevent the charge delay which the Client is now at who must be two Terms in suing to the Utlary and is besides the delay put to the charge of three Capias's which are commonly sued forth altogether and returned altogether in the Sheriffs name but by the Attorney but by this course of suing to the Utlary the process will be a Term shorter and 5 s. 10 d. less charge besides the Fine if finable They humbly conceive That the mean Process in suing to the Utlary are unnecessary and do tend only to charge and delay And therefore they humbly propose that then the Exigent be awarded upon the return of the first Capias as formerly upon the Plur. Capias and as it is now used after judgement 3. The Common bar and new Assignment puts the Clients in every Action of trespass Quare clausum fregit that comes to trial toat least twelve shillings charge and may be supplyed by three or four words in the Declaration and put the the Client to no charge at all and the recital of the Writ in many Actions almost doubles the charge to the Client and is useless They humbly conceive That the common Bar and new assignment in Actions of Trespass Quare clausum fregit and the recital of the Original Writ in Actions of Trespass and upon the Case and several other Actions are superfluous things and infinitely increase the charge of the Client They therefore humbly propose That in all Actions of Trespass Quare causum fregit the place may be assigned in the Count. And that for the future there may be no more recital of the Original Writ other than in the form ensuing that is to say A. B. attach fuit ad respondend C. D. de placito tr or de placito tr super casum or the like as is observed in the Kings Bench and the Originals in all personal Actions to be made accordingly without repetition of the special matter 4. They humbly conceive that by reason Original Writs are not duly sued forth and filed many Judgements are