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
A80381	The Continuance of the High Court of Chancery vindicated, to be absolute necessary, (the abuses and corruptions being removed,) and the removal thereof, and the perfect reformation of the proceedings in that court, proposed in several bils weekly, or more often, intended to be published. By many citizens, and others of the Common-wealth, well-knowing of such abuses.		1654 (1654)	Wing C5956; Thomason E809_7; ESTC R207561	4,824	8

such County by being feated in having over-much commanding power of him or them there or by over-much affection by them gained in lending money or such like favours or power gained by him or them there that then such Action or Actions shall be laid in the County next or neerest to the place where such matter thing or things shall be so acted or done 2. And that such Action or Actions shall be brought within dayes next after publication in the Cause or Suit to be so in question or proceeding or Debate by either such Complainant or Complainants Defendant or Defendants and within that time fairly written as is mentioned in another Bill concerning many other matters and sent into one of such of the Superior Courts at Westminster which usually or most commonly have holden Plea and had conusans of such Action and Issue or power of trying or sending the same to be tryed at any Assizes or places of or for tryal wheresoever such superior Courts be or shall be nereafter holden or kept And that the other of him her or them shall so plead or answer to the same within one week or dayes next after a Copy or copies of such Declaration or Declarations shall be delivered to him her or them his her or their Clerk Attorney or Agent authorized or to be authorized to receive the same Or left for him her or them in the Court or Office aforesaid and deliver unto such Complainant or Complainants Defendant or Defendants his her or their Clerk Attorney or 〈◊〉 in that behalf a Copy or Copies of such Plea or Pleas Answer or Answers with the Issue or Issues thereupon joyned or to be joyned as before is mentioned or leave the same for him or them in the Court or Office where such Declaration is or shall be so delivered to be ●led or kept within convenient time next after such delivery of the copy of such Declaration or Declarations or notice given to such Complainant or Complainants Defendant or Defendants who so should plead or answer or otherwise next after notice thereof in writing left at his her or their usual dwelling house or houses or place or places of abode at the time of such delivery of such Declaration or Declarations so to be filed and kept into such Court or Office that is to say by the space of dayes for every 20 miles distance off or from the place where such Declaration or Declarations be or shall be delivered or such notice given from the Court or Office into which such Declaration or Declarations be or shall be so delivered notice be given to the Clerk or Attorney of such complainant or Complainants Defendant or Defendants of such Note or writing left or to be left at such House or place of abode within the said time And that such Complainant or Complainants Defendant or Defendants who shall so plead or answer shal within such time so limited or to be limited to him her or them to do the same leliver into such Court or Office such plea or pleas Answer or Answers with such Issue or Issues thereupon joyned or to be joyned as aforesaid fairly written in manner and form before-mentioned 3. And that such Complainant or Complainants Defendant or Defendants who shal bring or cause to be brought such Action or so declare shall at the then next Assiz●s or place or places for tryals of Issues upon Actions to be holden within dayes next after a copy of such plea or pleas and Issues so delivered or to be delivered as aforesaid or the same plea or pleas and Issues so delivered or to be delivered in manner and form aforesaid to be fi●ed kept cause or procure such Issue or Issues to be tryed that every such Declaration Answer plea Issue proceedings between such Declaration and Issue so written delivered in as aforesaid for the ease of the charges and trouble and more ready and speedy dispatch thereof may and shall be taken off and from the file in such Court and delivered out and sent to the Justice or Justices of the Assizes or other Justice or Justices who shall be authorized or impowred to try such Issues to such place or places of Assize with an expression or making mention in a peece of Parchment by it self so written to be affixed to the same D●claration and Plea or answer and issue of the Term and year when and of what such declaration is was or shal be filed or so delivered in to be kept when such Plea or answer with such Issue joyned i● was or shal be put in or delivered into such Court or Office and to what time place or places the Jury Jurors or Jurats to try such Issue or Issues is are or shall be respiced stayed adjourned or delayed to the effect in substance as hath been usually done or written at the beginning and ending of Records usually taken and issued Out of such Courts to be at Assizes or before Justices there changing things necessary to be changed And that if any of such Declarations Issues and proceedings shall happen to be lost then each or any such Complainant or Complainants Plaintiff or Plaintiffs Defendant or Defendants his her or their Counsel Clerk or Attorney may have a copy or copies of the same or any part thereof written again as they were at the first and put or delivered into the same Court shal be satisfied for so doing by him or them by whom the same were or shal be so lost 4. And that all and every of such notice notices so to be given be and shall be invalid unless the same shall be made appear to be done as aforesaid by Oath of such credible person as is mentioned in the Bill herein before recited 5. And that if either of such Complainant or Complainants Defendant or Defendants who do or shal endeavour to maintain such matter thing or things for truth or to be true do or shall sail or make default in any thing by or for him her or them his her or their Coun Clerk Attorney Solicitor or Agent such matter thing things shal be granted deemed judged admitted not to be true to all intents and purposes but taken for untruth 6. And that if the other of such Complainant or Complainants Defendant or Defendants who do or shall endeavour to maintain any such matter thing or things for truth or not to be true do or shall make default in any thing by or for him her or them his he● or their Counsel Clerk Attorney Solicitor or Agent then such matter thing or things shall be construed deemed taken and adjudged for untruth and not to be true Other Bils are intended in convenient time to be published

The continuance OF THE HIGH COVRT OF CHANCERY vindicated to be absolute necessary the abuses and corruptions being removed and the removal thereof and the perfect Reformation of the proceedings in that Court Proposed in several Bils weekly or more often intended to be Published By many Citizens and others of the Common-wealth well knowing of such abuses LONDON Printed for Lawrence Chapman in the Strand neer the Savoy 1654. Bill I. For remedy against untrue and unjust Reports by Masters of the Chancery and other Referrees WHereas Masters of the Chancery and other Referrees of late years have been much complained of for taking Rewards and thereby many times carrying businesses the wrong wayes and for extraordinary and unwarranted Fees or so called taken by them which hath occasioned much trouble perplexity charge and delaies in divers Suits for many years For remedy whereof it is proposed to be desired that it may BE Enacted that if any Master or Referree shall make any Report or Certificate contrary to the Books Writings or Notes shewed him which by his Order he shall have power to view or peruse or Copies of Bils Answers or Depositions or other things taken in or concerning the cause to him referred Or that if such Master or Referree shall not report so much for the benefit of the party upon whose Motion any matter shall be referred to him Or for the other Party Plaintiff or Defendant in his Order of Reference as the Counsel learned in the Law Attorney or Solicitor of either party shall shew make appear unto him the Matter so to be reported to be necessary to be reported or certified then every such Master or Referree shall forfeit and pay unto the party grieved or to be grieved thereby 100 l and double dammages with costs of Sute to be recovered by Action of Debt c. Provided that before the commensing of any such Action or c. the party or parties finding him her or them self or selves grieved by such Report or Certificate shall within one moneth next after the fileing or delivering the same into the Court where such Order of Referrence shall be made Or the Office of such Court proper for receiving of such Reports or Certificates give notice unto such Master or Referree or Referrees and require him or them to alter amend or procure to be altered or amended such Report or Certificate And that if such Master or Referre or Referrees do or shal alter or amend or cause to be altered or amended such Report or Certificate or notifie or declare unto the party or parties by or for whom such notice or Declaration be or shall be so given unto such Master or Referree that he will move the Court where such Order was made or entred deliver or cause to be delivered to him her or them a Copy in writing of such Notification or Declaration and the matter of such thing to be moved within dayes then next following and receive and take such matter in writing as such party so supposing to be grieved do or shall within dayes next from thence alledg to impeach damn or overthrow such Report or Certificate and cause both the same matter so to be alledged on both fides to be delivered into the Court to which such Report or Certificate shall be or to be made wherin there be or shall be two or more Judges or Justices of the one Bench or the other sitting and there have equall power with such others who do or shall fit there to give their Votes to be read then if such Report or Certificate be or shall be by such Court so supplied or assisted or so to be approved of c. the same to stand firm and stable and not to be reversed or dissolved but by the Supream Power and such Master or Referree or Referrees not to be questioned for doing the same but justified therein and have their reasonable costs to be sustained in that behalf of the party or parties unjustly vexing them upon such occasion Bill II. For avoiding of many unnecessary Hearings in Chancery and mittigation of the Charges in divers others And speedy tryall and finding out the truth of every Deposition of which any doubt shall arise VVHereas in and after divers Hearings in the High Court of Chancery and other Courts called English Courts or Courts of Equity upon Debate of Counsel learned on both sides there hath hapned in divers Causes in these Courts such doubt of the truth in many of those Causes that such Courts have been so cautious and tender in and concerning the same that those Courta have not thought meet or convenient to make any final Order or Decree in such Courts in such causes but have Ordered an Action to be con●●lved and drawn and a Plea thereunto to be pleaded and an Issue to be taken thereupon of the matter of the doubt of such truth and then accordingly the Jury or Jurors have found and given a Verdict thereupon And then such Courts have made final Orders or Decrees for the same which course hath been accounted applauded and commended to be very good and beneficial for the Publique few or none have found fault or themselves grieved therewith but only have complained of the excessive charge there For establishing of the Benefits before mentioned and avoiding of the excess aforesaid It is proposed to be destred that it may 1 BE Enacted that if either Complainant or Complainants D●fendant or Defendante his or their Commissioners do or shall misdoubt the truth of any matter thing or things being matt●r of Fact or D●ed done to be tryed by J●rors and not by Record deposed by any such Witness or Witnesses and refuse to agree the same for Truth then an Action or Actions of or upon the Case Trespas● or Debt may or shall be drawn wherein such ma●ter thing or things may or shall be alledged to be true by such either Complainant or Complainants Defendant or Defendants who do or will endeavour to maintain the same to be true And that the other of such Complainant or Complainants Defendant or Defendants who do or wil endeavour to maintain the same matter thing or things not to be true shall answer or plead in barr thereof that such matter thing or things is not or was or are not or were not true according as the same is or was are or were alledged And that Issue or Issues may or shall be thereupon joyned and one such Action shall be for such matter thing or things which is or was are or were or shall be done or acted in the same County where such matter thing or things is or was are or were or shall be acted or done whether or not such matter thing or things is or was are or were as shall be l●cal or transitory unless such Complainant or Complainants Defendant or Defendants shall alledg and make it appear by Oath that the other or others of them be or shall be powerful in