Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	chief_a	court_n	justice_n	1,463	5	6.5737	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A74899	Seasonable observations on a late book intitvled A system of the law: as it was contrived and published by the committee appointed for regulation: so far as it relates to the high Court of Chancery, and the fees and proceedings thereof: Wherein several proposals made by the said committee, are held unsafe and inconvenient; some are approved of, and illustrated; and others supplyed wherein the same are conceived defective: With further proposals, for the better regulation of said court, and more speedy and cheap hearing of causes. And an exact table. 1. Containing the fees now paid to the grand officers and patentees. 2. How much will satisfie the true labourers. 3. What wil [sic] be saved thereby to all suiters in the said court. Unto which is likewise annexed, the memorable case put by the late King James, to the then learned judges of the land, touching the power and jurisdiction of the said court, for relieving complainants after judgements given in the Courts of Common-Law; and how far the Statutes of Præmunire do extend to restrain the said court therein: With the reasons and resolutions of the said judges thereupon: Tendered to the consideration of the supreme authority: and published for the general good and information of all practitioners and suiters in the said court. / By Philostratus Philodemius.	Philodemius, Philostratus.	1653 (1653)	Thomason E705_4	41,217	70

two Tables of stone in which the Law was written To which S. James alluding James 2.13 saith That Mercy triumpheth over Judgement So the Princes and Governours of Nations in imitation to that heavenly representation have appointed two supreme States The one of Justice wherein nothing but the strict Letter of the Law is observed The other of Equity wherein the rigour of the Law is tempered with lenity which is nothing else but Mercy qualifying the sharpness of Justice Ipsae enim leges cupiunt ut jure regantur id est ut illi facili ac benigna interpretatione temperentur Equity doth diminish or adde to the letter of the strictest Law as times and necessities require and is defined by Aristotle to be Correctio legis generatim latae qua parte deficit Perionius terms it Correctio quaedam legi adhibita quia ab ea abest aliquid propter generalem sine exceptione comprehensionem The sense of both interpretations being one and the same that Equity is a Restriction of the rigour of the Law and so useful in the wel government of the Nation that without our Courts of Equity the Common Law may be termed Severity and the strict rigour thereof totally destructive to the People But since corruption hath crept into this Court and the usual delay together with the excessive Fees blemisht the primitive lustre thereof the grave Councellors and Patriots of these times like wise Chirurgions intend the preservation of the body by amputation of some putrid members Ne pars sincera trahatur for which purpose these ensuing Observations c. are humbly represented to those in Supreme Authority not in opposition to their judicial proceedings therein nor as a rule to frame and square their actions by in managing thereof but as a matter usefull as is humbly conceived for avoiding the tediousness of proceedings the impertinency of some Officers and the exorbitancy of excessive Fees of that Court which being regulated You the Heroes of our times may be truly said to have erected a Trophie to Justice and to have established Righteousness in the Nation Acts of Justice and Piety will make you glorious in the memory of men whiles others who prepare Altars and Tables to Fortune as saith the Prophet Isaiah have built on the quick-sands of imaginary greatness which serve them for no other purpose but to measure their own fall God hath made you the great Governours of this Nation to read the Decrees of your good success written as it were with the rayes of your own Justice and Piety By how much the more you are affected to this by so much the more the happy issue of your affairs shall crown your desires You have seen your Battails end in Bays and the thorns of your travails spring up to a peaceable and well framed Gevernment wherein God hath made you amongst men as Mountains over Valleys Be then Mountains of perfumes of which Solomon speaks in Cant. and not the Hils of Osee full of snares and gins rigorous harsh and strict in Government Since God hath elevated you as Cliffs above the Sea let your Laws be as Watch-Towers not Rocks to shipwrack the People If Suns let your Laws be as the Light to the blinde not Gomets to pour down Malignity Whilest thus you temper Mercy and Justice Equity and Law together with thoughts fixt on Judgement and Righteousness may propitious Heaven so prosper your Designs That the greatest may have matter to imitate and the whole Nation to admire your Justice and Mercy which is the Authors fervent Prayer Philostratus Philodemius SECT I. BE it Enacted by the Authority of this present Parliament That the Court of Chancery shall hear and determine all Causes of Equity in one certain Publique place and not elswhere And that there shall be in the said Court a Chief Clerk to be chosen from time to time by _____ who shall from and after _____ make forth all Process and all Commissions and other things issuing out of the said Court and shall take the Returns and File them and also all Bills Answers Pleadings and Depositions in the said Court and Enter and keep all the Records thereof and matters Filed as aforesaid there and shall have such and so many under-Clerks for writing and dispatching Business under him as shall be allowed and appointed by the Iudges of the said Court from time to time who shall administer an Oath both to the Chief Clerk and under Clerks to deal faithfully and uncorruptly in their Places and out of the Fee payable to the Chief Clerk shall appoint how much the under Clerks shall have for their pains which Chief Clerk and under Clerks shall constantly attend and execute their Places in person and not by Deputy and upon the a●oidance of the Chier Clerks place the under-Clerks shall from time to time succeed according to their Antiquity if they be not found uncapable of executing the said Office And all the Records and Matters Filed on Record in the said Court shall from and after _____ be in the custody of the Chief Clerk who is thereby appointed to take the same into his Charge Observation 1. THat to confine the Court of Chancery to hear and Determine all Causes of Equity in one certain publique Place and not elswhere may prove a great prejudice and inconveniency both to the Court and the People for that it may so fall out by sickness fire war or other casualties that it is impossible for the Lords Commissioners or others appointed Judges there to continue their sitting in the same place allotted for that purpose And in such cases before they can sit in a more safe and convenient place there must be an Act to authorize them by appointing that place which by the casualty aforesaid may be the occasion of several removals from place to place and of several Acts for that purpose In the Interval whereof there must certainly be a delay and fayler of Justice as to the benefit of the Court held forth to the People of this Nation And therefore it hath been the wisdom of former Ages in reference to their place of sitting to leave it to the discretion of the Lord Chancellor Lord Keeper and Lords Commissioners for the time being to appoint the most convenient places as occasion required for the better access of the People to make their Complaints and Addresses It being humbly conceived that not the formality of the place but its conveniency nor the manner but the matter of Equity and Right there Administred ought to be first preferred and chiefly endeavoured by all that are concerned therein To appoint one chief Clerk for the performing of all the things contained in this Section relating to his place being a Work formerly done by the six Clerks and their under Clerks in Chancery the Masters Deputy and Clerks of the Sub-poena Office and the Mr. Deputy and Clerks of the Affidavit Office being in all above 150. persons may prove a great

he put his hand and seal thereto and name the place of his habitation and the same may be made use of in any Court as if the same had been sworn in any Court before a Iudge of the same Court but no razure nor interlineation is to be in any Affidavit whatsoever Observation 10. To this the Author makes no exception only desires that there may be special care taken in Commissionating faithfull and honest able Justices of the Peace in whom the Propositors by this System do repose in many things as much power as is now intrusted in the Reverend Judges of the Law SECT XI THat where the Plantiff or Defendant do cause any Pleas Answers Demurrers Replications or Rejoynders to be filed by the chief Clerk they shall give to the adverse party or leave with his Attorney for him a true Copy of the same which he shall have without Fee Observation 11. The same Objection that was made Section fourth touching Copies of Bills may serve for this SECT XII THat where any defendant appears upon the return of Summons or process if the Bill be not filed he shall have his full costs to be taxed by the chief Clerk without further attendance then the next day after the return day And not to appear again upon Suit of the same party before the costs paid and upon new Summons Observation 12. The Proposals of the Clerks mentioned in Section fourth That all Bills be first filed wherein the plaintiff prays process before the same be granted will as is conceived prevent all preferring of costs and all those delays unnecessary expences costs and trouble that formerly happened thereby both to the plaintiff and defendant SECT XIII THat where any Defendant pleads or demurs if it be in Term time the same shall be determined within fourteen days after it be put in if in Vacation either before or in the first week of the Term To which end the Iudges of the Court shall appoint certain times for the determining the same not interrupting the course of hearing other causes and shall upon the first hearing of a plea or demur give their positive Order herein without a second hearing And where any plea or demurrer is over-ruled the Defendant shall pay 40 s to the Commonwealth for a fine b●sides the plaintiffs costs Observation 13. To limit a time for arguing of all pleas and demurrers as is conceived tends to the forestalling the Judgement Justice and Discretion of the Court whose practise hath been hitherto to dispatch them all in order with as much expedition as they could but in case there be so many entred in the Books and Papers of pleas and demurrers that in ordinary courses according to their dates and entries they cannot be heard within the 14. days to binde the Lords Commissioners or Judges of the Court to hear and dispatch them within that time is conceived to be too unreasonable an obligation which in all probability no Judges or Lords Commissioners will undertake to perform And in case it fall out that a plea or demurrer come to be argued in the absence of the plaintiff or defendant and by reason thereof be ordered to stand or be over-ruled if the party absent shew good cause why he could not attend the arguing of such plea or demurrer upon payment of double costs of the Court if it go against him the Court would not deny the re-arguing thereof which was never yet held unreasonable by any practitioner of the Court or other unbiassed person it seeming unjust and unreasonable that in case either party be surprized or prejudiced by non-attendance in such cases that on payment of double costs he should not be heard therein SECT XIV THat when a sufficient Answer is put in the plaintiff shall reply within eight days and if it be insufficient shall within eight days put in exceptions thereto or enter it in the Registers Books for hearing upon the Answer otherwise the cause to be dismissed without any motion and the chief Clerk to Tax full costs within the time aforesaid and no dismission Fee to be paid by the defendant in this cause or any other But if the plaintiff will in such case pay full costs and charges he may exhibit a new Bill Observation 14. This is sufficiently provided for by the general and special Rules of Court made by the present Lords Commissioners for the great Seal of England to the satisfaction of all Suitors SECT XV. THat References to particular Masters of Chancery be forborn and there shall be from henceforth but six Masters of Chancery in ordinary to be named by the Parliament and eligible at the end of every three years and to have by the year _____ two or three whereof shall sit day by day at some certain publique place so long as any thing depends in reference before them and shall have a Register to attend them which two Masters or three of them at the least shall hear and report things under their hands which come before them always ending one cause before they begin another Observation 15. This course if setled would in all likelihood prove of very great use and benefit to the People and prevent delays and corruptions by references to particular Masters only this is desired to be added that there be some extraordinary punishment imposed as well on Masters of Chancery as on all other persons that are Judges who shall directly or undirectly take any bribe gratuity or reward in any Cause but barely their Stipends allowed by the State SECT XVI THat for the orderly hearing of causes and motions in Court and references before Masters of Chancery the Register shall keep two distinct Books in one of which any party who hath a cause ready for hearing shall enter the same in either of them any person who hath a reference to the Masters of the Chancery shall enter the same in the Register always in the Margin figuring the Books by numbers according to the time of the entry and the party entring every such cause or reference subscribing his name And there shall not hereafter be any Motions in Court for reference of insufficient answers to Bills or Interregatories or touching contempts or for scandal or impertinency in Bills or Answers But any party desiring a reference in any such cause may enter the same in the said Books of reference to be heard before the Masters Observation 16. This Court of entring causes and references is conceived of good use and benefit to the People The present Lords Commissioners having in a good measure made provision therein But it is likewise humbly proposed that all motions in Court be likewise entred with the Registers and the cause and end of the motion briefly inserted And that the same may be heard in course which will be a means to hear and determine Causes and Motions with equal dispatch whereas now eminent Lawyers and Favourites are called by their names to move who make sometimes

fides and how can an ignorant Countrey man judge what part of the Depositions are usefull for him and what not wherein some persons taking upon them more knowledge then probaly they may have out of a desire to save an inconsiderable charge may destroy a good Cause but if they will wilfully hazard their Causes it is fit they should abide the ill consequence thereof SECT XXV THat no stay shall be of any proceedings at the Common-Law upon a Bill of Erchange between Merchants nor of Execution upon a Iudgement at Law upon Bill extant after the said Iudgement without defeazance in writing of such Iudgement till the final hearing of the cause Observation 25. This seems very just and equitable SECT XXVI THat no stay of any proceeding at Law shall be but upon equity confessed in the parties Answers who is stayed or where the party stayed is in contempt for not answering or not sufficiently answering to some material charge in such cases the stay to be void upon clearing the contempt or sufficiently answering without any further order Observation 26. This is already provided for according as is proposed by the present Rules of the Court so that this Section was needless SECT XXVII THat where any cause comes to hearing the Iudges shall determine the same without delay or second hearing but if both parties consent the cause may be put the last in the Registers Book of hearing where the parties consent to a reference the Court may refer it Provided that no Iudge before full hearing doth move either party to consent in either of the Cases And where any reference shall be made by consent of parties they shall not have power for to countermand it and an Adward or Arbitrement made thereupon shall be full as if the reference was by order of Court and shall be a sufficient ground for a Decree And the Iudges shall sit constantly as well Vacation as Term untill the causes and motions in the Registers Book be heard and determined And they shall in all causes pronounce either decree presently in Court at the hearing saving in case of very great difficulty and then not to exceed above ten days and not to hear Councel a second time in the said cause Observation 27. To deny the parties to be reheard on payment of double costs if it go against them seems unreasonable on the grounds and reasons set forth Section the 13. touching re-arguing of Pleas and Demurrers As for References and Adwards the Court were never against them and if the parties on both sides agree there is an end of that difference In which cause it is well known the Court neither will nor can meddle with it for if both parties agree what need they trouble the Court which is for no other use or end then to determine those controversies which cannot be composed in an amicable way by the parties themselves But in case an Adward be indirectly made by practise or collusion in such cases the Court will relieve the party aggrieved according to the truth and merits of his Cause which hath been held a commendable and just course And as to that part of this Section which relates to restraining the Judges of the Court from hearing of Councel the second time this seems unreasonable if parties do desire it and the Court see cause and surely it cannot choose but give more satisfaction to the parties and carry with it a greater countenance and power of Justice to hear Councel if the parties on both sides desire it then to deny it to either for it hath been hitherto conceived a just complaint of the People for unjustice in cases wherein they have been concluded without permitting their Councel to be heard when they had something material to offer to the Court especially in case of new matter not offered before Whereas otherwise to hear both sides seems but just whilest the Judgement is still reserved in the breast of the Court who may order increase of Costs on re-hearings as they shall see cause SECT XXVIII THat the Register shall not execute his Office by Deputy except in case of sickness and then the Court to appoint one and shall in his draught of orders shortly express the sense of the Court as Rules in the Court of Common Law without any unnecessary preamble And if the Register draw up an order contrary to or not agreeing with the order pronounced in Court he shall answer the party grieved thereby his full costs and dammages to be given him by the Court or to be recovered by Action on the Case at his Election Observation 28. This method of drawing up Orders pithily hath been formerly proposed by the Clerks and if a Register draws an order contrary to the Declaration of the Court it is but just that he should be lyable to an Action of the Case but in case the course herein before proposed Sect. 16. for publique reading of the Orders in Court be established it will in all likelyhood prevent many miscarriages in drawing up of Orders and will be a means to shorten causes and avoid multiplicity of Orders and spare the Clyent much expence SECT XXIX THat the Register shall upon every Decree pronounced in Court enter the very words of the Decree in his Book without interlineation and publickly read the same in Court at that sitting of the Court to be there allowed And that the Iudges shall sign all Decrees publickly in Court at certain times to be for that purpose appointed which Decrees are to be drawn up forthwith after the Decree pronounced And that from and after _____ no Suit shall be admitted in any Court of Equity for the obtaining of any Decree for any Mannors Lands Tenements and Hereditaments upon any prefence of trust or Agreement whatsoever which shall not appear in Writing under the hand of the party who ought to perform the same or by some Deed or Will in writing Observation 29. As to the first part hereof which concerns the Register in relation to the Decretal Orders of the Court it is very well approved of And it were well the same course were observed on all other Orders granted in Court as hath been before proposed Sect. 16. And for the time and manner of signing of Decrees and Dismisses the Author makes no objection but in the latter part which relates to the barring of the Court from relieving any person for any Lands Tenements or Hereditaments upon any pretence of trust or agreement which shall not appear in writing c. the Author makes no Objection against it provided that this extends not to precedent trusts before the establishing hereof by any Act and before Country Registers be appointed where such trusts and agreements ought to be inrolled and entred for the right truth is if matters of trust and agreement and other matters of Fact betwixt parties were reduced into writing and inrolled it would avoid many litigious causeless suits and prove a speedy way of