Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	court_n	defendant_n	1,397	5	10.0062	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49858	An abatement of most of the motions & orders in chancery and other chargeable courts and of the greatest part of the charges which may be in those hereafter, or motions and orders reduced from twenty to two, and most of those to the tenth part of the charge, as formerly hath been / written by W. Leach, for the same intent, and tendred to the consideration as his former are.	Leach, William, 17th cent.	1652 (1652)	Wing L770; ESTC R41233	8,924	11

notwithstanding the intervening of the death of any of the parties in or to such Action Cause or Suit And that no motion or petition shall be made moved or presented in or to any Chancellour Court Judge or Judges in or concerning any Suit or Cause there depending but that first the matter to be moved or mentioned in such Petition shall be put into writing and a copy or note thereof delivered to the party complainant Plaintiffe or Demandant Defendant or Tenant against or concerning whom such motion or Petition be or shall be made moved preferred or delivered or to his or her Clerk Attorney or Solicitor is such Cause or Suit or left at his her or their or one of their dwelling house or houses or place or places of abode under the hand of a Councell learned in the Law And also that within two dayes or some other conv●●ient time next after the delivery of such note or writing as aforesaid for a Party Complaint Plaintiff or Demandant Defendant Defendants or Tenant his or her Clerk Attorny or Solicitor in such Action Cause or Suit to whom such note or writing be or shall be so delivered shall give or deliver to or leave as aforesaid for the other party Complaint Plaintiff or Demandant or Defendant or Tenant to whom for whom or on whose behalf such note or writing be or shall be so given delivered or left or to his or her Clerk Attorny or Soliciter an answer in writing to such first note or writing or leave the same in writing at his their or one of their dwelling house or houses or usually place or places of abode and that each party may reply and the other rejoyn c. the one party of them after the other party of them in or by some short convenient time in writing to be delivered or left as aforesaid till the doubt of the matter be or shall be agreed upon and put to the question or stated as or in the nature of a case And that if either such party Complainant Plaintiff or Demandant Defendant or Tenant doe not consent the one part of them to the demand or request of the other of them that then each party of them who doth or shall so petition or have shewing or expressing to the other of them some reason in such writing or note respectively for what cause or reason by or according to the former presidents or orders it hath been and was requisite and necessary that such the request of him or her who doe or shall so petition or move ought or should be granted that then and not before either of such parties may petition to such Chancellour Judge or Judges or to or in such Court for his or her demand in such his or her writing or note to be granted and shew forth such notes or writings on either side to be read veiwed and considered in such Courts And further that if the demand or request of such motion or petition shall be granted or ordered against such party Complainant Plaintiff or Demandant or Defendant or Tenant against whom such petition motion or demand is or shall be made notwithstanding any thing to the contrary thereof to be alledged or expressed in his or her writing so to be delivered or left that then he or she for not consenting to such petition motion or demand or for putting into such note or writing any vain or frivolous matter not materiall against such request or demand shall be compelled to pay to the other of them the ordinary Costs Charges and expences of the other of the said parties which he or she or they shall lay out or expend and shall make Affidavit before some Judge of the Court where the same Action Cause or Suit be or shall be depending if such motion or petition be not nor shall be granted upon some matter for which there neither was nor shall be any former Order or leading President in such case And that such party against whom such Petition or Demand be or shall be granted or ordered as aforesaid or shall consent to the demand of such petition or motion of either of such parties Complainant Plaintiff or Demandant or Defendant or Tenant be compelled to perform the same Petition Order Demand or Request which shall be so granted ordered or consented unto without further charge or trouble under pain and penalty that for not performing the same be she or they refusing or failing in performance of the same shall forfeit lose and pay to every person to be grieved or damnified thereby four times the value of such value to be recovered as is mentioned in other Proposalls And further to prevent excessive charges and troubles occasioned by Registers and Drawers Enterers and Writers of Orders and Rules and their Clerks Deputies and Agents that such Registers Drawers ●●terers Clerks Deputies and Agents shall in and to such note or writing write what such Chancellour Court Judge or Judges doe or shall order or adjudge of and concerning the same and no more without re●●ar●ing or reciting any of the matters or contents of any such notes or writings and after that any of such parties or any or either of them within convenient time shall set or cause to be set down in writing under his or her Counsells hand and deliver to such Register or any of the parties before with him mentioned respectively exceptions against any part of the writing down of such Order and not otherwise such Register or such with him before mentioned shall attend such Chancellour Court Judge or Judges who shall make such Order or Orders and to alter or amend the same according as such Chancellour Court Judge or Judges doe or shall signe or write to the same and after to enter so much onely in a book as such Register or Registers Enterer or Enterers of Orders his or their Deputy Clerk or Agent shall write and such Chancellour Court Judge or Judges so signe if any need of such signing be in or to such writing or writings with the parties names and the day when such Motion or Petition was granted and to keep safe in an alphabeticall manner such notes or writings together with the subscription or writing one such note or writing of such Register or any of such persons before with him mentioned signed by such Chancellour Judge or Judges for further satisfaction of such Court or either or any the parties Suiters there and concerned therein if need should require and that Registers and such others before with them mentioned may onely take a competent gain for drawing and copying of Orders and Rules according to rates usually taken by Clerks for drawing entering and copying wherein they have taken as much or more pains then they in drawing entering or copying of such Orders or Rules upon and under pain and penalty that every such Register or other party before with him mentioned transgressing in the premises or taking more then before mentioned shall

AN ABATEMENT Of most of the Motions Orders IN CHANCERY And other chargeable Courts AND OF The greatest part of the Charges which may be in those hereafter OR Motions and Orders reduced from twenty to two and most of those to the tenth part of the Charge as formerly hath been Written by W. Leach for the same intent and tendred to the consideration as his former are LONDON Printed by E. Cotes in the Year 1652. AN Abatement of most of the Motions and Orders in Chancery 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 them in much greater benefit And such Serjeants altogether or for the most part taken up in moving and arguing at the bars of severall 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 plaintiss 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 prosecure 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 ●ight hath appeared in all manner of learning to the severall sons 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 Depuries 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 divers others by such occasions have been quite and others almost distracted amd 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 presidents 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 presidents 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 Enacced 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 wring to the party or parties his her or their Attorney 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 fix 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 committing 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 next day in banck after such Verdict or Non-suit as of the day of giving such Verdict or suffering such Non-suite