Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	defendant_n	plaintiff_n	3,417	5	10.5128	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A78492	Certain quæres for the publike good, concerning the avoiding of multitudes of unnecessary orders, delayes, charges and trouble in courts, called, English courts, or, courts of equity.		1647 (1647)	Wing C1737; Thomason E394_8; ESTC R201623	3,962	8

CERTAIN QUAERES FOR The Publike Good CONCERNING The avoiding of multitudes of unnecessary Orders delayes charges and trouble in Courts called English Courts OR Courts of Equity LONDON Printed for Francis Leach 1647. June 28 th Certain Quaeres for the publike good concerning the avoiding of multitudes of unnecessary Orders delayes charges and trouble in Courts called English Courts or Courts of Equity WHereas it is and hath been generally reported that divers have been and usually are put to divers unnecessary and excessive charges by Registers and Enterers and Writers of Orders their Deputies Clerks and Agents in such Courts and that divers and sundry unnecessary Orders have beene made in such Courts and drawne out much longer then is or hath been necessary for Officers only gaines troublesome and burthensome to such Courts and Counsell there and hurtfull to suitors there and that there hath been such multitudes of such Orders made in such Courts that divers who have followed and prosecuted their causes in such Courts have given long and much attendance before they could procure any Entries or Copies thereof to be made by reason as it is thought of money or rewards given or promised to Registers their Deputies Clerks Servants or Agents to draw up such Orders stricter or to some other sense then such Courts did truly direct and order under colour whereof divers have reported that many good causes have miscarried and that in many just causes much charge perplexity trouble and travell hath been to resort to the Councell in such suits and after to the Chancellour Judge or Judges who made the same to have the same drawn and entred according to the true sense thereof And whereas it hath been also generally reported that many others who have not undergone such trouble perplexity and toile before they have procured or could procure such Orders to be drawne up according to the true sense of the Chancellor Court Judge or Judges who made or pronounced the same have been at great charges in giving large rewards to such Registers their Deputies or Clerks who have agitated therein And whereas it is and hath been generally reported that such Courts have been so full of businesse that many suitors could have no proceedings there without great trouble and charge and that divers before they could have any end of their suits there have spent as much or more then that which they have sued for there hath been in value besides their trouble and perplexity of mind for many yeares together and that divers others by such occasions have been almost distracted in mind and others utterly undone and that others have given over and left good causes for lost and proceeded no further in them by reason of the extreame charge and trouble which they have not been able to undergoe after they have been brought into and intangled in suit in such Courts some against their wills 1. Quere WHether it be beneficiall and good for the Common-wealth that no motion or petition shall be made moved or preferred in or to any such Court or to any Chancellor Judge or Judges of the same 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 copie or note thereof delivered to the party Plaintiffe or Defendent against or concerning whom such motion or Petition shall be made moved preferred or delivered or to his Clerk Attourney or Solicitor in such cause or suit or left at his their or one of their dwelling house or houses or place or places of abode under the hand of a Councellour learned in the Law 2. Quere Whether it be convenient and beneficiall for the Common-wealth that within some convenient time next after the delivery of such note or writing as aforesaid that such party Plaintiffe or Defendent his Clerk Attourney or Solicitors to whom such note or writing was delivered or shall be so delivered shall deliver to or leave as aforesaid for the other party Plaintiffe or Defendent to whom for whom or on whose behalfe such note or writing was or shall bee so delivered or left or to his Clerk Attourney or Solicitor 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 usuall place or places of abode and that each party may reply and the other rejoyn c. the one party of them after the other 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 agreed upon or put to the question or stated in the nature of a case 3. And Quere Whether it be not convenient and beneficiall for the Common-wealth that if either party Plaintiffe or Defendent doe not consent the one party 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 move shewing and expressing to the other of them some reason in such writings or notes respectively for what cause or reason by and according to former presidents or orders it was and should be requisite and necessary that such the request of him who shall so petition or move ought or should be granted that then and not before either of such parties may petition or move to or in such Court or to such Chancellor Judge or Judges for his demand in such his writing or note to be granted and shew forth such notes or writings on either side to be read viewed and considered of in such Courts 4. And Quere If it be not convenient and beneficiall for the Common-wealth if the demand or request of such motion or petition shall be granted or ordered against such party Plaintiffe or Defendent 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 writing so delivered or left or to be delivered or left that then such party Plaintiffe or Defendent for not consenting to such motion petition or demand or putting into such writing so to be delivered or left any vaine or fruvilous matter not materiall against such request or demand shall be compelled to pay the other of them the ordinary costs charges and expences of the other of the said parties if such motion or Petition be not granted upon some matter for which there was no former order or leading president in such like case 5. Quere If it be not convenient and beneficiall for the Common-wealth that such party against whom such petition or demand shall be granted or ordered as aforesaid or that shall consent to the demand of such motion or petition of either of such parties Plaintiffe or Defendent may be compelled to perform the same Petition demand or order which shall be so granted or ordered or consented to without further trouble or charge under some penalty

6. Quere Whether it be convenient and beneficiall for the Common-wealth to prevent excessive charges and troubles occasioned by Registers and their Clerks Deputies and Agents that such Registers their Clerks Agents and Deputies shall in and to such note or writing write what such Court Chancellor Judge or Judges thereof do or shall order or adjudge of or concerning the same and no more without rehearsing or reciting any of the matters or contents of any such notes or writings and that after if any such parties or either or any of them within some convenient time shall set downe in writing under his Counsells hand deliver to such Register his Deputy Clerk or Agent exceptions against any part of the writing downe of such order and not otherwise such Registers shall attend such Chancellor Judge or Judges who have made or shall make such order or orders and to alter or amend the same according as such Chancellor 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 shall write and such Chancellor 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 the motion or petition was granted and to keep safely in an Alphabeticall manner such notes or writings together with the subscription or writing of such note or writing by such Register signed by such Judge or Judges for further satisfaction of the Court and either party Plaintiffe or Defendent or any other concerning the same if need should require And that Registers have onely a competent gaine according to rates usually taken in other Courts by such as have deserved as much as any such Register c. deserve for any thing they have written or done in like case for what they write or copie or doe and no more 7. Quere What right if they have any at all have Registers their Clerks or Deputies in such Court to exact such excessive sees as they have taken and usually take in such Courts And quere whether it may not be found what such persons anciently had if records bee well searched and examined 8. And Quere if it be not fit to be discovered how and by what degrees from time to time excessive sums of money have been exacted by them and what lawfull authority if they have any at all they have or can shew to receive challenge or demand any thing neare so much as they have usually exacted and taken and what authority they have to hinder the proceedings of just Suites till their large demands be given them 9. Quere What reason or equitie there is or can be that such Registers their Clerks Agents or Deputies in such Courts should can or may exact above ten times as much in such Courts as other Officers of like nature take and receive and have usually taken and received in other Courts for the like things as they doe or have done 10. Quere Whether delivering notes and writings as aforesaid each to other will not avoid many unnecessary References to Masters of the Chancery and other Referrers and thereby save much trouble and expence 11. Whether it be convenient for the publike good that every Register c. should be chosen out of Clerks experienced in that way for their honestie experience and ability onely without money or rewards and that a competent gain only may be allowed him to take entirely to himselfe without account to any and whether any but such as have been employed as Registers or their Clerks can well understand such Office under a long times practice Other Quaeres concerning other proceedings in such Courts and divers other things shortly are intended to bee published with additions to divers Quaeres concerning Bills Answers Replications Rejoynders c. in such Courts and taking away the extreme and unnecessarie charges troubles and long delayes in just causes in such Courts and abateing those that may be for contention and trouble onely and the preservation of many honest men from great losses and others from undoing thereby without hindrance to any but unnecessary Officers crept into such Offices without any lawfull authority and how many hundred thousand pounds yearely may bee saved to the Commonwealth by reducing such things and others written to bee published to the lawfull proceedings and taking away the unlawfulnesse thereof contrived by unlawfull and exacting Officers for their own only gaine FINIS