Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	day_n	defendant_n	plaintiff_n	1,434	5	10.7453	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

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