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	reverse_v	verdict_n	1,761	5	11.8650	5	false

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

and vexation have been to resort to the Counsell in such Suites and afterwards to repair unto or attend with Counsell the Chancellor Judge or Judges who made or pronounced the same Rules or Orders to have the same drawn and entred according to the true sense thereof And whereas it hath been much complained of that many others who have not undergone such perplexity trouble toil and vexation before they have procured or could procure such Orders or Rules to be drawn up according to the true sense of the Chancellour Court Judge or Judges who made or pronounced the same have been at great charges in giving large rewards to Registers and enterers of Orders and Rules their Deputies or Clerks who have agited therein And also whereas the like complaints and lamentations have been that such Courts have been so full of businesse that many Suiters could have no proceedings there without great trouble and charge and that divers before they have had or could have any end of their businesse or suites there have spent as much or more then that which they have sued for there hath been in value besides their trouble perplexity and vexation of minde for many years together and d●vers others by such occasions have been quite and others almost d●stracted and many utterly undone and that many others have given over and left off good Causes for lost and proceeded no further in the same by reason of the extream charge and trouble which they have not been able to undergoe after they have been brought into and intangled in such Courts some against their wills And whereas a great part of those troubles and charges have been occasioned by reason of the keeping secret and hidden all precedents in most Courts unlesse it be in the Courts formerly of the Kings Bench and Common Pleas and now of the Upper Bench and Common Bench and Publique Exchequer at Westminster in such manner that some Suiters upon urgent occasions have often been constrained to give to Registers their Clerks or Agents in the Court of Chancery and such like Courts sometimes five pounds other times ten pounds and other great summes of Money for choise precedents upon such occasions or otherwise have been constrained to goe to and retain most Counsell belonging to such Courts and give them extraordinary large Fees for the same purpose It is proposed to be desired that it may Be enacted That no matter in arrest or stay of any Judgment Decree Sentence or Finall order shall be moved insisted upon or given in exception or assigned for Error against in or concerning any Plaint Bill Declaration Information Libell or Complaint Presentment or Indictment Plea Allegation Replication Rejoynder Surrejoinder Rebutter or Surrebutter unlesse such matter be or shall be first shewed and delivered in writing to the party or parties his her or their Artorney in the Cause wherein such matter be or shall be intended to be moved in arrest or stay of Judgement or any thing therewith before mentioned or assigned for Errour in which the matter of Errour or mistake is or shall be that is to say what may or should be added to or detracted from or supplyed by further instructions in any such Bill or other proceedings therewith before mentioned or continuance or return of Writs or processe thereof or entering up of Judgement or any other thing therewith before mentioned thereupon as certain as if the same matter or mistake were shall or should be amended such Bill Plaint Declaration or proceedings before mentioned were or shall be good and sufficient in the Law So that a true Copy or true Copies of every of the same writings wherein such matter or mistake is or shall be delivered to or left for such party or parties his her or their Attorney in such Cause at his her or their dwelling house or houses or most usuall place or places of abode by the space of two dayes next after issue or demurrer be or shall be joyned or judgement acknowledged suffered or permitted or within six dayes next before such Decree Sentence or Finall order be or shall be given or to be given decreed or sentenced in or concerning the same Cause Action or Suit in which such processe or proceedings be or shall be And that within three dayes after the delivery of such Copy or Copies the party or parties against whom such matter be or shall be intended so to be moved or assigned for Errour paying unto the other party his her or their Councell Clerk or Attorney in the same Suit or Cause who doe or shall finde such Errour or mistake and deliver such Copy or Copies in writing of the same three shillings for the first and one shilling for every of the residue of those Errours or mistakes may amend the same And that that party and parties by or for whom such Copy or Copies be or shall be so delivered within four dayes next after he she or they shall have notice of the amendment according to such writing or writings which be or shall be so delivered shall again Answer Plead Demur put in Allegation Reply Rejoyn Surrejoyn Rebut or Surrebut as the Declaration Bill Plaint or other things therewith before mentioned doe or shall require unlesse such new matter doe or shall arise and appear upon such amendment that the Attorney of such party or parties neither can nor according to the course of Law ought to Answer Plead or to doe any other thing as before therewith is mentioned without further instructions and then within eight dayes onely for every forty miles distance of the habitation or abode of the party or parties so again to answer when he shall be first summoned attached arrested or warned to appear or answer reply or to doe any other thing before therewith mentioned to any Bill Replication or any other thing before therewith mentioned from the place or Court where such prosecution be or shall be And that every one making default in any of the premises shall or may be taken or proceeded against for saying nothing as for not answering pleading replying or not performing any other thing therewith before mentioned as hath been used in other cases wherein defaults have been suffered And that any who doe or shall finde such errour or errours mistake or mistakes shall have such money so to be paid to and for his and their own benefit and advantage And that he or they so commi●ting omitting or suffering the same shall pay the same money so for amendment to be paid out of his or their own moneys respectively according to the number of errour or errours mistake or mistakes as each of them doe or shall so omit commit or suffer And that after a Verdict or Non-suit in any Action Cause or Suit wherein such amendment be or shall be and Witnesses Examined Recorded and Certified according to the Propositions formerly published in that behalf Judgement may and shall be given according to such Verdict or Non-suit the