Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	case_n	court_n	judgement_n	1,563	5	5.9494	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91877	Certain considerations in order to a more speedy, cheap, and equall distribution of justice throughout the nation. Most humbly presented to the High Court of Parliament of the most hopeful common-wealth of England. By Henry Robinson.	Robinson, Henry, 1605?-1664?	1650 (1650)	Wing R1668; Thomason E616_2; ESTC R21129	11,283	19

may the Plaintiff reply within the term prescribed and the Defendant rejoyn In case Witnesses be to be examined such time is to be allowed and no more then is necessary for the effecting it as also for producing Evidences from parts farther distant And all Witnesses may be examined whether upon Intergatories or otherwise by the Judg or his Clerk of the place where the said Witnesses reside to be transmitted unto the Court where the cause depends Which being done or such term as the Judg had assigned for such purpose expired without effect through negligence of the parties concerned therein after a day two or three wherein the Judg is to peruse the Processe and whole proceedings it is in the liberty of either party to notifie the other to appeare the second or third day according to the distance of the place and the Judges leysure at a convenient houre for arguing the whole businesse in contradictory before the Judg And if neither party desire it the Judg if hee be not fully informed may notifie them Ex officio or either of them singly for the same purpose to be fully satisfied in whatsoever he shall desire and for that end may likewise deliver his doubts or seruples in writing to either or both parties and require answer accordingly to be afterwards inserted with the rest of the proceedings in Court to remain upon Record And if any thing Materiall be alleadged and proved by this contradictory debate which did not before appear the Judg is to Order it to be put in Writing and Entred with the other proceedings notifying the parties thereof And in case one party refuse to appear before the Judg for thus arguing of the businesse in contradictory he is not afterwards to be admitted to produce any new evidence or proof but upon request of either of the parties in Writing which is to be notified to the other as aforesaid the Judg is to proceed and give judgment both for Principall Dammages and Charges according to what appears to be alleadged and proved and sudden execution to be granted at that very Instant against body and goods unlesse the party condemned being present or any body in his name sufficiently authorized thereunto appeal from such Judgment of the Division Court unto the Judges of the Shire-Town which it shall be lawful for him to do within 8. dayes next following and there to prosecute the same in manner hereafter specified And if the party condemned appeal before execution be granted then must he in whose favour the Judgment was desiring execution first put in sufficient security to stand to such farther judgment as the Court to which the appeal is made shall think good to passe to be entred with the rest of the proceedings otherwise not The Appeallant therefore is to Enter his appeal in writing to be kept with the other proceedings where the Judgment was given and that Judg or his Clerk is forth-with to give him a Copy thereof under his hand as also of the whole proceedings or of so much as is desired so soon as it can conveniently be made which the Appeallant is to transmit unto the Court of the Shire-Town where it is to be admitted upon the Appeallants putting in sufficient security unto the Court of the Shire-Town that he will effectually prosecute the said Appeal within eight dayes following and be lyable to such Charges penalty and otherwise as that Court shall condemn him in in case hee be found to have appealed unduely And it shal be likewise lawful for both parties to appeal from one and the same Judgment in such part thereof as they apprehend themselves agrieved and prosecute the same in such manner as aforesaid and the Shire-Court in such case obliged to observe the same Orders concerning Fines and Charges as aforesaid This being done and the appeal admitted notification thereof is to be made unto the party in whose favour the Judgment was graunted in the Hundred-Court who is to answer to this appeal in the Shire-Court and the whole proceedings and Processe to be framed as aforesaid in the Hundred-Court And if nothing more Materiall be alleadged and proved than what was before in the Hundred Court If the Judg of the Shire Court shall see good to confirm the said Judgment of the Hundred Court hee is likewise obliged to condemn the Appeallant in all manner of Charges and one sixth part more then the businesse in controversie amounted to by way of penalty to the use of him that had both Judgments in favour and execution forthwith to be had accordingly But if no new matter being alleadged and proved the Judg of the Shire Court shall see cause to reverse the Judgment of the Hundred Court in the whole or in part the Defendant in the Shire Court is not to be condemned in Charges disbursed since the Appeal to the said Court but the Judg of the Hundred Court for his unjust or erroneous Judgment is to be fined so much as the Charges of both parties in the Shire Court amounted to and so much more as the full Dammages of the Appeallant will any ways amount to with speedy execution as abovesaid And in case new matter be alleadged and proved for which cause the Judgment happens to be altered in part or in the whole than the Defendant is not to be condemned in Charges nor the Hundred Judge in any Fine so far as the new matter alleadged and proved was cause thereof And if the Judg or Judges of the Shire Court shall pass unjust or erroneous judgment such judgment shall notwithstanding be valid ultimate and binding in respect to the parties litigant and have sudden execution both against body and goods of the party condemned without putting in security as was before required And if either or both parties find themselves agrieved it shall be lawful for them or either of them to addres themselves unto the Parliament against such Judg or Judges of the Shire Court who hereby are made accomptable and lyable to be condemned in all manner of Dammages cost and charges such party or parties complaining against them shall have suffered through their unjust erroneous Judgment be put by their Office and suffer such other punishment as the Justice and wisdome of the Parliament think good to inflict upon them But if any person shall be found to have without cause Appealed from the Shire Court and unjustly to have accused the Judg or Judges thereof in Parliament then shall the said Judg or Judges be absolved And such person be lyable to be condemned by the Parliament in the same penalties which he required by way of demand to be inflicted on the said Judg or Judges and sudden execution to be granted to the use and benefit of the said Judg or Judges only together with their full Charges to be rated by authority of Parliament and all other Charges to be likewise rated by the respective Courts where Judgment was given for payment of them The