Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	estate_n	tail_n	tenant_n	3,332	5	10.2034	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A78485	Certaine proposals of divers attorneys of the Court of Common-Pleas, for the regulating the proceedings at law, and remedying some inconveniences: whereby the clyent will be much secured, the processe shortned, the greatest part of the charge of most suits abated, many unnecessary suits in law and equity prevented, and the creditor and purchaser well provided for: and thereby lending, trade and commerce advanced: which is the end and desire of the proposers. / Presented to the honourable committee for the regulating proceedings in law Decemb. 5. 1650.		1651 (1651)	Wing C1728; Thomason E622_7; ESTC R206432	18,583	22

assigned in the Count And that for the future there may be no more recitall of the Originall Writ other then in the forme 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 Upper Bench and the Originals in all personal actions to be made accordingly without repetition of the speciall matter 6. They humbly conceive Many Judgements are daily reversed for want of Originals which sometimes happens because the Attorney rather then he wil pay a post Terminum or more which is twenty pence a Terme he wil hazzard his Clyents 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 Clyent and therefore the Proposers have proposed the punishment to returne to the Clyents reliefe and not destruction Other times this mischiefe happens because an Attorney pethaps may forget in due time to sue out the Originall and after when he sees the default he would amend it but the Creditors holding a course for their own benefit that no Originall Writ can be sued forth returnable of a former Terme but within the first weeke of the ensuing Terme the Attorney is therefore restrained to doe his duty to his Clyent that by reason Originall Writs are not duely sued forth and filed many judgements are daily reversed and in the time to come are subject to the like inconvenience by the carelesnesse neglect or forgetfulnesse of the Attorney or Clark or to save post Terminunis which turnes much to the prejudice of the Clyent And therefore they humbly propose that from henceforth there may be no restraint but that the Plaintiffe may at any time before the want thereof assigned for Error sue forth and fyle any Originall Writ or other Writ to make good or warrant any judgement And that for the fyling of originall Writs no post Terminum be demanded or payd and that then if any Judgement happen to be reversed for default of Original Writ the Clark or Attorney in whose default the same shall be shall and may be fined in such summe to be payd to the party grieved as the Court shall having respect to the quality of the offence think meet and impose They hvmbly conceive also that the not due fyling of Warrants of Attorney The Warrant of Attorney originally seemed of good use but now it is onely fyled by the Attorney and is of no use at all but puts the Clyent to some charges and much hazzard for that the want thereof is sufficient cause to reverse a Judgement and the fyling now of no use which through forgetfulnesse or carelesnesse is often neglected is very dangerous to the Clyent 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 penall Statutes for the enjoyning thereof repealed 8. This is the most unreasonable charge upon the Clyent that can be invented which is the tenth part of what dammage soever the Plaintiffe recovers as if the Defendant upon a bargaine promise to give the Plaintiffe a 1000 li. which he recovers in dammage the Prothonotary shall have 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 personall Tythe the Clergymen being the Clerkes that Writ to all or the most of the Courts at Westminster They humbly conceive that Dammage Cleare is both a great and unreasonable burden to the Clyent 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 9. They humbly conceive The ordinary charge of a Fine comes to about three pound besides the fine and post sine which is the fourth part of the yearly value and the ordinary charges of a recovery comes to about 4 l. besides the fiue which comes to a tenth part of the yearely value but if done by attor ney and not in person amounts to much more and these so dangerous too that the carelessenesse or knavery of an Attorney or Officer may leave them at fast and loose and the satisfaction a purchasor can receive by them is nothing at all for that no man but the parties privy can tel of what Lands they be sued forth off when as a deed inrolled may be inrolled in both offices for a ten or twenty shillings charge that shal containe all certainties and subject to no error and though Statutes by reason of the general Office may be found yet purchasors shal never be secured against judgements and recognizances without such course perhaps it may be objected that many that owe moneys and make morgages would be loath that their conditions should be known and that it would be a hinderance to commerce and trade to which it is answered that it is better that such commerce should be lost whereby much honest trade wil be advanced for that men wil freely and frankly trade lend buy c. when they know they cannot be cozened in their assurances but here as in all other cases the proposers leave fines and recoveries being very ancient and authentick conveyance to the Clyent to use or not to use that Fines and Recoveries for cutting off Intailes are both a great charge to the Clyent and very dangerous in point of Error and the same containe not any such certainty of the lands as were necessary to satisfie and secure Purchasors and Creditors and that also Intailes are very dangerous to them and were first obtained and since continued to avoid forfeitures which they humbly conceive is not proper to a well governed Common-wealth and therefore they humbly propose that Tennant in tayle may be impowred to alien as if he had the absolute Feesimple and that as well the Lands of the Tenant in tayle as also the Copyhold Estate of Copyholders may be subject to their debts in whose hands soever they come as other Freehold Lands in Fee simple are and that such Alienation by Tennant in tayle and all other Estates made of any Lands Tenements or other Hereditaments or of any rent or other profit issuing out of the same shall not be valued as against any creditor or purchasor for valuable consideration before the same be inrolled in some inrollment Office to be established in the proper County and transcribed and also inrolled in some generall Office of Inrollments in or about London or Westminster and to be of effect as against such purchasors and creditors onely from the time of the inrollment thereof and that Offices be erected as well for the doing thereof as also for the