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
A94126	A Supply to a draught of an act or system proposed (as is reported) by the committee for regulations concerning the lavv: wherein are provisoes against several inconveniences which may befall the free-people of this nation thereby, unless seasonably by the Supreme Power, or otherwise prevented. To which is added, a short treatise of tithes, shewing their original rise, to whom due, how they have been disposed of from age to age; with seasonable proposals for the future preservation and advancement of religion and learning, and setling a competent maintenance for ministers and true labourers therein, for perpetual quiet of the nation. Published by divers officers and souldiers of the Commonwealth and Army, being the second part of their antidote and tendered to the same consideration.	Leach, Edmund, of London,	1653 (1653)	Wing S6192; Thomason E693_7; ESTC R203687	32,930	42

difficult for any ordinary man to tye his remembrance within such time much lesse after 4 5 or 6 years or more which often may fall out in such case but it is conceived that within the limitation of half a years time it may be remembred by such and very well by many having regard to the seasons of the year that is to say temperature heat or cold within such times or some remarkeable thing happening Another of them is reported to be that no writ of Error hereafter shall be brought or to such effect which if it happen to what infinits would appeals come if any shall be and how then should matters of error in fact be tryed Is it not as a●tiently hath been convenient that it should be tryed in the Country where the cause did arise and amongst others by some of the Hundredors there and if the cause of challenge in such case should be taken away many may imagin what inconvenience may happen for in antient times Hundredors were accounted all honest according to those times and none others suffered by the residue of the Hundredors to remain or abide there nor any stranger at all permitted to come to reside there without putting into the same Hundred pledges of some of the inhabitants thereof And as concerning writs of Errors when that ready drawn come out it is not doubted but it will appear that if it be a effected there will be seldome any cause of bringing many writts of Errors or Appeals but that very few may serve for that purpose An other of them being reported to be that if any person who doth not sue in form of poverty be adjudged to pay costs in any cause the same shall be payed by the Attorney in the sute if such Plaintiff cannot be found in the Common-wealth This is feared will be another occasion in putting off all of ability in estate experience or Iudgement from being Attorney And that thereby few or no pledges will be found other than the imaginary names of Iohn Doe and Richard Roe if the Plaintiff be not enforced upon commencing his sute to find better as by the antient law of this nation he ought Another of them is said to be that after issue joyned the same shall be tryed that day sevennight in the place where the same is tryable if the Judges shall be then and there sitting otherwise at their next sitting in such place after those seven days at the request or prosecution of either the plaintiff or Defendant or to the same such or the like effect And in others also is said to be that Iudges without consent of parties shall not defer any tryal above 15 days longer than seven days after Issue joyned And that only for some just cause to appear to the Court upon oath and upon payment of such costs to the adverse party as he shall make appear by oath he is or shall be put to by reason of such delay before any longer time be granted If these two should be observed how will Plaintiffs or Defendants which have witnesses in severall or many places fadistant from the place of triall speed Or can it any otherwise be imagined but that he she or they which cannot prove their Declaration Plea or Issue without such witnesses to be brought from severall places shall unavoidably be triced and injured it being impossible to have them brought to such places of tryal in so short time Some others of them being as is also said for Forms of Declarations in a short manner as followes or to such or the like effect one that a president is contrived in an action upon a promise only reciting that M. SS the Plaintiff complaineth against the Defendant for not paying _____ pounds according to his promise being so much indebted to him the _____ day of _____ to his damage of _____ If this should goe so how can the Defendant imagine what promise or consideration or debt the Plaintiff will insist upon at the Triall Be not some promises made without any lawfull consideration and many promises made that do not amount to any debt nay not so much as to be demanded by the Plaintiff untill some Act be performed on his part And may not many promises be made for debts duties or demands which may be honestly satisfyed by the Defendant and so by him proved if he knew what would be stood upon at the Triall And will not many Defendants in such cases be triced others of them constrained to produce Multitudes of Witnesses to Tryals at their great Costs trouble and charges to prove multiplicity of Matter Another that M. SS the Plaintiff complaineth against the Defendant for trespassing him the _____ day of _____ in Close called _____ at _____ to his damage of _____ without expressing whether by walking with feet or with cattel or digging cutting lopping or topping which is like more to puzzle the Defendant than to lay it so uncertain that the Defendant must be constrained to put in a common Bar to enforce the Plaintiff to a new Assignment of the place in certain and further by such courses the Defendant is like to be put to such other Inconveniences as before is mentioned Another M. SS A. B. complaineth of C. D. for not delivering him _____ quarters of Mault which the _____ day of _____ he promised for Corn to deliver to his damage of _____ without mentioning when the Mault should be or when the Barly was delivered which leaveth the Defendant to such uncertainty that he cannot tell how conveniently to defend himself at the Triall Another H.SS. A. B. complaineth of C. D of _____ _____ for not paying 20 l. debt and 5 l. damages which is due from him by Bond dated the _____ day of _____ to his damage of _____ for not paying it without reciting to whom it should be paid or the Bond to be produced into Court whereby neither the Defendant nor his Clerk or Attorney can see whether his name be thereunto subscribed or not nor what witnesse did or have subscribed thereunto their names as witnesses or to see whether or not their names be counterfeit or the wax new or old according to antiquity of the Bond or whether or not the seal be counterfeit such wicked courses having been more frequent of late years than formerly and many beggarly persons more expert and dishonestly bent to act such things than in those times many being so cunning at that work that a man cannot know his name so counterfeited frō his own hand writing without diligent care and long viewing and comparing and consideration had of other circumstances And besides the Defendant cannot come to the sight of the condition of the Bond that he may see whether it be perform'd or not which things cannot be conveniently done at the triall there being always little time to perform any such thing whereby the poor Defendant is like to be as much perplexed as before is mentioned Another for breach

of Covenants only setting down the Breach and the date of the Indenture but not wha● the Covenants are whereby the Defendant is left in the same case as before is mentioned and besides most commonly a Defendants taketh no counterpart of Covenants and likewise the breach may be of covenants in a Deed Poll whereof no counterpart useth to be made and thereby how can a Defendant defend himself against a thing falling upon him from a place out of his sight Another L.SS. A. complaineth of B. for that A. being a tradesman the said B. the _____ day of _____ spake these false and scandalous words of him that is to say A is a Bankrupt to his damage of _____ without mentioning of what trade the Plaintiff is or upon what occasion the words were spoken that the Defendant may be provided to bring his witnesses if he have any to counterprove the trade if certainly layd as well as the manner and occasion of speaking of the words in which the Defendant will receive prejudice if the Declaration should be so generally laid and be put upon diverse inconveniencies as before is mentioned for he may be a tradesman and yet neither buy nor sell or at least not buy upon trust which few handicrafts men do to any considerable value and the words may bear actions by reason of many circumstances without which they would not lay Other Presidents is said there be so proposed the observing of which may tend to much intricacy but very few not near so many as will be necessary to be used for which there be very good old Precedents in which most as is conceived is necessary and little surplusage in them and besides many actions upon the Case be new Precedents and divers others for which no Precedents can be contrived before they happen so that upon the whole matter the old way and course concerning these things is conceived to be the best but with this that if any shall put any apparent unnecessary surplusage in any Declaration Bill or Pleading he shall be alowed nothing for such matter And if no other formes should be but such as is so proposed as is said shall not the Defendant then be as a man alone brought sent put or left without Arms or Ammunition in the field to fight with or defend himself against another armed with severall sorts of weapons and company Another of them as is given out being that no Attorney should be admitted to appear for any person untill oath be made of serving of a summons unlesse he make oath before the chief Clerk that he had order from his Client to appear and produce a warrant to the chief Clerk under the hand and seal of the Client Nor shall any Attorney confesse Judgement in any cause and if the Attorney shall appear without Warrant from his Client or confesse Judgement against his Client to suffer punishment And if it should be enacted in such manner without any further provision or limitation together with laying aside all penalties which is hoped is not intended though it is said it is proposed then would there be four times as many Trials as formerly usually there have been about six Judgements being usually entred to one Triall wherein neither partie to the Sute have been at Charges of Counsell as they usually are at Trials and Enquests of Office which is doubted will continue the charges in Sutes at Law as high as formerly if not increase the same but there being so much already written and long since published in print abroad concerning these things And examination of Witnesses For prevention of perjuries and excessive charges in Trials and abatement thereof For sale of Distresses taken for Rent For enlarging the Statute for tender of Emends for Trespasses and that it may be in Replevins after Cattle in Pound and for goods and chattels after the same taken into custody with damages and costs to the time of such Tender And of Motions and Orders Undue Courses of Jury-men by receiving Rewards For procuring speedy appearances at small Charges Prevention of Arrests without cause For Relief of Creditors against wilfull prisoners poor prisoners against merciless Aversaries Excessive Charges by Bills and Answers c. Frauds by Monopolizing Officers and Attorneys For an easie way without charge to either party Electing or to be Elelected and without favour or affection or fear of any person for election of future Parliaments or Representatives Relief of honest Executors and Administrators against payments of Debts and Demands out of their own Estates due from Testators and Intestats more than the value of the Goods or Chattels of the Testate and Intestate which shall come to their hands and of Debts not due and of Creditors against dishonest and fraudulent Executors and Administrators For preservation of Shipping from wilfull destruction by deceitfull persons to defraud Purchasers and Creditors of their Ships For compelling of Defendants speedily to answer when the Plaintiffs Witnesses be sick or going beyond the Seas and such Witnesses immediatly to be examined for speedy appearance upon serving Writs or Warrants in Chancery or to have Decrees within a short time for Default thereof For enabling a Conusor or Plaintiff in a Judgement or Statute if he will to make his Entry and Claim and then bring his Action for Recovery thereof which he is driven to after with much Trouble and Charge about Executions concerning the same And for Recording and Registring of Deeds and Conveyances Judgements Statutes and other Incombrances upon Lands and Tenements For prevention of Frauds and Deceits in Sales and quieting of possession of Purchasers And for enabling Creditors to have the benefit of Coppy-hold and Intayled Lands and Tenements for their satisfaction as far as may be conveyed by Surrender or cut off by Fine or Common Recovery And of all Chattals Reall as well as Personall it is forborn further to write of or concerning those things And as concerning the necessary continuance of Writs of Error in some cases which as is also said is proposed to be taken away which if it should happen is doubted will be an occasion of Appeals if any shall be to run to Infinites in such manner that it will be impossible to have any considerable number of any Appeals to come to a period by that time as is given out is proposed concerning the same but that the same rather will remain severall years undetermined And as concerning divers other things necessary to be taken into consideration they being ready written to be published in convenient time it is forborn further to mention any of them Another as is also said is to the effect That Distresses taken for live goods preserved by the space of ten dayes and not replevied and of dead goods not replevied in 15 dayes may be sold which shall be in this manner that is to say The party distraining or some on his behalf shall acquaint the Sheriff therewith who shall at a Court c.

cause twelve persons to be sworn to deal uprightly touching the apprizement of those goods and giving the parties who distrained them just satisfaction out of the value of them according to their best skill and judgement And the parties so sworn shall thereupon make apprizement of the goods and likewise set what is due to the party who distreined them with his damages and full costs and the charges of the following of the Distresse And the Sheriff shall thereupon sell the goods and by the price pay the party distreyning his full debt damages and charges so found by the Iury if the value will extend thereunto and if there be a surplusage to restore it to the owner of the goods all but his own Fee which he is to retain and shall in a Court cause the apprizement and distribution of the money to be entred And these proceedings to be finall without further question to be had in Law or Equity But may not there be Error or cause of Attaint or an Appeal in this as well as in any other cause although the first part of this is like to be a very good course And in such case it is just that relief in some way should be to the party grieved And another of them as is also reported is That an Assignee of a Debt after Entree of it in the Registree shall be enabled to sue for it in his own name But yet it is hoped that such Proviso will be made that no unlawfull maintenance may be introduced whereby any may be deprived of any just Debt or the Debtor thereby disabled to satisfie his former reall Debts And that the Debtor may first pay off all he oweth upon matter of record appearing to be due or entred in the Registry c. before any such Assignmēt shall be available And that such Assignment if it shall after appear to be fraudulent or for a feigned Debt or upon any matter fraudulently devised shall not be available against any Creditor for good or valuable consideration Another of them is given out to be That an Executor or Administrator may pay a Debt without specialty due by the Testator or Intestat before any other Debts upon specialty or upon Iudgment Statute or other matter of Record to the Common-wealth or to any other person if the Executor or Administrator shall not have notice of such other Debts Without any proviso or limitation of time after the death of the Testator or Intestat to give such notice of which it is hoped that due consideration will be had that the Testator or Intestat continuing a wicked avaritious or a Heathenish or Atheisticall life and condition Divers before alteration of their Wills or Testaments and many of them before the making of any being too many may not contract fraudulent or feigned Debts in such secret manner that it cannot be discovered which hath been too frequently used and thereby many defrauded of their just Debts and Demands or that notice may be in such like case in like manner as hath been written and lately published in print Another of them as is said is That if any shall send a Challenge or Duell to any and he accept it both of them to suffer death the one for sending the other for accepting and the Messenger to lose his hand A doubt in this may be of occasioning Assassinations by the parties which shall so send such Challenge Another of them as is said being For erecting of new Courts of Record and Iudicature in all Counties of this Nation consisting of five Iudges in every of the same whereof one of them at least to be a Counsellor at Law without respect of the greatnesse of some and smallnesse of others of those Counties or of the multitude of People in some of them and the paucity in others of the same And that Iudges shall be tyed to often sitting without adjournment above _____ times in the year and not above one week at a time which course it s feared will be very chargeable and little amend the former chargeablenesse of the proceedings in the Law for t is like that no Counsellor will be willing to neglect forbear or forsake all his practise during the time of three years together which he must do if he be and sit as a Iudge without good allowance or salary And how then can any councell be found to be Iudge and is it not convenient that Councell be versed in the Practick part as well as the I heorick of the Law be●ore he can be able councell to be a Iudge and will any other Gentleman in any County undergoe such trouble and charges which they necessarily must do if put upon such imployment and forbear the most part of their domestick and necessary affairs during that time without some recompence and not altogether to be at their own charges as Iustices of Peace which are not tyed to such care duty and attendance in such troublesome and chargeable manner by many degrees Another of them being as is said That no Attorney shall take above 6 s 6 d. for suing out the first Writ drawing copying and ingrossing the Declaration including the fee for the Plaintiff And the like for Appearing putting in a Plea either Generall or Speciall Copy of it and the fee for the Defendants Attorney 3 s. 6 d. at a Tryall or Writ of Inquiry and the like for prosecuting and suing out the first Execution And that no Attorney shall receive any fees exceeding 10 s. in any one cause besides the forementioned and some other small matters or to such effect and yet shall continue and use his best endeavours to bring the Cause to a speedy end or otherwise shall restore all the fees which he shall receive In which if it be ment untill the mony be paid or satisfaction given to the party much inconvenience may be for the Declaration may fall out to be special upon some contingent occasion for which no precedent hath been and it may be necessary that many long recitalls of severall Deeds Escripts Minuments and writings parcels and particulars of goods and sums of mony accompts and severall times and places of acting diverse things which will require two days time of study writing and pains about many of them and necessarily may be very long many of them 40 or 50 sheets of paper and some of them more and the like concerning speciall pleadings And if some short forms of pleading as is said be proposed should be only used of which herein more is written then it is thought necessary to set down and expresse in writing what matters only shall be insisted upon to be proved or given i● evidence at the Triall and a coppy thereof to be deliver'd to the adverse party or his Attorney a convenient time before the Triall to consider of drawing up bills of Exceptions Demurring upon Evidence or praying a speciall Verdict otherwise the poor Defendant may be triced and deprived of his