Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n good_a think_v time_n 3,167 5 3.3852 3 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A28357 Ordinances made by the Right Honourable Sir Francis Bacon ... being then Lord Chancellor for the better and more regular administration of iustice in the Chancery, to be daily observed saving the prerogative of this court. England and Wales. Court of Chancery.; Bacon, Francis, 1561-1626. 1642 (1642) Wing B316; ESTC R20720 12,081 26

There are 2 snippets containing the selected quad. | View lemmatised text

dampnum shall passe without warrant under the Lord Chancellors hand and signed by him save such Writs as Ad quod dampnum as shall be signed by Master Attourney 86. Writs of Priviledge are to be reduced to a better Rule both for the number of persons that shall be priviledged and for the case of the priviledge and as for the number it shall be set downe by Schedule for the case it is to be understood that besides parties priviledged as attendants upon the Court● Sutors and Witnesses are onely to have priviledge eund● redeundo et morando for their necessary attendance and not otherwise and that such Writ of priviledge dischargeth onely an Arrest upon the first Processe but yet where at such times to necessary attendance the party is taken in execution it is a Contempt to the Court and accordingly to be punished 87. No Supplicavit for the good behaviour shall be granted but upon Articles grounded upon the Oath of two at the least or Certificate of any one Justice of Assize or two Justices of the Peace with Affidavit that it is their hands or by Order of the Star Chamber or Chancery or other of the Kings Courts 88. No Recognizance of the good behaviour and the peace taken in the Country and certified into the Petty-bagge shall be filled in the yeare without Warrant from the Lord Chancellor 89. Writs of Ne exeat regnum are properly to be granted according to the suggestion of the Writ in respect of attempts prejudiciall to the King and State in which case the Lord Chancellor will grant them upon prayer of any the principall Secretaries without cause shewing or upon such information as his Lordship shall thinke of weight But otherwise also they may be granted according to the practice of long time used in case of enterlopers in Trade great Bankerupts in whose estate many Subjects are interes●ed or other cases that concerne multitudes if the Kings Subjects also in case of Duells and diverse others 90. All Writs Certificates● and whatsoever other Processe Ret. coram Rege in Canc. shall be brought into the Chappell of the Rolls within convenient time after the returne thereof and shall be there filed upon their proper files and bundles as they ought to bee except the Depositions of Witnesses which may remaine with any of the sixe Clarkes by the space of one yeare next after the cause shall be determined by Decree or otherwise be dismissed 91. All Injunctions shall be inrolled or the Transcript filed to the end that if occasion be the Court may take order to award Writs of Scire fac thereupon as in ancient time hath beene used 92. All dayes given by the Court to Sheriftes to returne their Writs or bring their Prisoners upon Writs of priviledge or otherwise betweene party and party shall be filed either in the Registers Office or in the Petty-bagge respectively and all Recognizances taken to the Kings use or unto the Court shall be duely inrolled in convenient time with the Clarkes of the inrollment and Calendars made of them and the Calendars every Michaelmas Terme to be presented to the Lord Chancellor 93. In case of Suites upon the Commissions for charitable uses to avoyd charge there shall need no Bill but onely exceptions to the Decree and answer forthwith to bee made thereunto and thereupon and upon sight of the Inquisition and the Decree brought unto the Lord Chancellor by the Clarke of the Petty-bagge his Lordship upon perusall thereof will give order under his hand for an absolute Decree to bee drawne up 94 Upon Suite for the Commission of Sewards the names of those that are desired to be Commissioners are to be preferred to the Lord Chancellor in writing then his Lordship will send the names of some Privy Counsellor Lievtenant of the Shiere Justices of Assize being resident in the parts for which the Commission is prayed to consider of them that they be not put in for private respects and upon the returne of such Opion his Lordship will further order for the Commission to passe 95. No new Commission of Sewards shall bee granted whiles the first is in force except it be upon discovery of abuse or fault in the first Commissioners or otherwise upon some great or weighty ground 96. No Petition of Bankerupt shall be granted but upon Petition first exhibi●ed to the Lord Chancellor together with names presented of which his Lordship will take con●ideration and alwaies single some learned in the Law with the rest yet so as care bee taken that the same par●ies bee not too often used in Commissio●s and likewise care is to bee take● that Bond with good suretie be entred into in 200. pound at lea●t to prove him a Bankerupt 97. No Commission of Delegates in any case of weight shall bee awarded but upon Petition preferred to the Lord Chancellor who will name the Commissioners himselfe to the end they may bee persons of convenient quality having regard to the weight of the cause and the dignity of the Court from whom the appeale is 98. Any man shall bee admitted to defend in Forma pauperis upon oath but for Plaintiffes they are ordinarily to bee referred to the Court of Requests or to the provinciall Councells if the case arise in the jurisdictions or to some Gentlemen in the Country except it bee in some speciall cases of commiseration or potency of the adverse party 99. Licenses to collect for losses for fire or water● are not to be granted but upon good Certificate and not for decayes of surety-ship or debt or any other casualties whatsoever and they are rarely to be renewed and they be to be directed unto the County where the losse did arise if it were by fire and the Counties that abut ●pon it as the case shall require and if it were by Sea then unto the County where the Port is from whence the Ship went and to some Counties adjoyning 100. No exemplification shall bee made of Letters Patent Inter alia with omission of the generall words nor of Records made voyd or cancelled nor of the Decrees of this Court not enrolled no● of depositions by parcell nor of depositions in Conrt to which the hand of the examiner is not subscribed nor of Records of the Court not being enrolled or filed nor of Records of any other Court before the ●ame bee duely certified to this Court and orderly filed here nor of any Records upon the sight and examination of any Coppy in Paper but upon sight and examination of the Originall 101. And because time and experience may discover some of these Rules to bee inconvenient and some other to bee fit to bee added therefore his Lordship intendeth in any such Case from time to time t● publish any such Revocations or Additions FINIS Decrees Injunction Sequestrations Suites ●fter Iudgment Referen●es Suites in Court● Bills Dem●rrers Answers Pleadings and Coppies Commissions Examinations and Depositions Ad informandam Conscientiam judicis Affidavits Petitions
by way of negative pregnant as if a fact be laid to bee done with diverse circumstances the Defendant may not traverse it literally as it is Law in the Bill but must traverse the point of Substance So if he bee charged with the receipt of one hundred pounds hee must traverse that hee hath not received a hundred pounds or any part thereof and if hee have received part hee must set forth what part 64. If a hearing be prayed upon Bill and Answer the answer must be admitted to be true in all points and a decree ought to be made but upon hearing the answer readin court 65. Where no Councell appeares for the Defendant at the hearing and the Processe appeares to have bin served the answer of such Defendant ●s to be read ●n Court 66. No new matter is to be conteyned in any Replication except it be to avoyd matter set forth in the Defendants answ. 67. All Coppies in Chancery shall containe 15. ●●●es in every sheet thereof written orderly and unwastfully unto which shall be subscribed the name of the principall Clarke of the Office where it is written or his Deputy for whom he will answer for which onely subscription no fee at all shal be taken 68. All Commissions for examination of Witnes●es shall super inter● inclusis onely and no returne of Depositions into the Court shall be received but such onely as shall bee either comprised in one Role subscribed with the name of the Commissioners or else in diverse Roles whereof each one shall bee so subscribed 69. If both parties joyne in Commissions and upon warning given the Defendant bring his Commissioners but produceth no witnesses nor ministreth interrogatories but after seekes a new Commission the same shall not be granted● but neverthelesse upon some extraordinary excuse of the Defendants default he may have liberty granted by speciall Order to examine his Witnesses in Court upon the former interrogatories giving the Plaintiffe or his Attourney notice that hee may examine also if hee will 70. The Defendant is not to be examined upon interrogatories except it be in very speciall Cases by expresse Order of the Court to sift out some fraud or practice pregnantly appearing to the Court or otherwise upon offer of the Plaintiffe to be concluded by the answer of the Defendant without any liberty to disprove such answer or to impeach him after of perjury 71. Decrees in other Courts may bee read upon hearing without the warrant of any speciall Order But no depositions taken in any other Court are to be read but by speciall Order and regularly the Court granteth no Order for reading of Depositions except it be between the same parties and upon the same title and cause of suite 72. No examination is to be had of the credit of any Witnes but by speciall order which is sparingly to be granted 73. Witnesses shall not be examined in perpetuam rei memoriam except it be upon the ground of a Bill first put in and answer thereunto made and the Defendant or his Attourney made acquainted with the names of the witnesses that the Plaintiffe would have examined and so publication to bee of such Witnesses with this restraint neverthelesse that no benefit shall be taken of the Depositions of such Witnesses in case they may be brought Viva voce upon the triall but onely to be used in case of Death before the triall or age or impotency or absent out of the Realme at the triall 74. No Witnesses shall bee examined after publication except it be by consent or by speciall order Ad informandam conscientian judicis and then to be brought close sealed up to the Court to peruse or publish as the Court shall think good 75. No Affidavit shall bee taken or admitted by any Master of the Chancery tending to the proofe or disproofe of the Title or matter in question or touching the merits of the cause neither shall any such matter bee colorably inserted in any Affidavit for serving of Processe 76. No Affidavit shall be taken against Affidavit as far as the Masters of the Chancery can have knowledge and if any such bee taken the latter Affidavit shall not bee used nor read in Court 77. In case of Contempts granted upon force or ill words upon serving of Processe or upon words of scandall of the Court proved by Affidavit the party is forthwith to stand committed but for other Contempts against the Orders or Decrees of the Court an Attachment goes for the first upon Affidavit made and then the party is to bee examined upon Interrogatories and his examination referred and if upon his examination he confesse matter of Contempt hee is to bee committed if not the adverse party may examine witnesses to prove the Contempt and therefore if the Contempt appeare the party is to bee committed but if not or if the party that pursues the Contempt doe faile in putting in interrogatories or other prosecution of faile in the proofe of the Conte●pt then the party charged with the Contempt is to bee discharged with good costs 78. They that are in Contempt specially so fa● as Proclamation of Rebellion are not to bee here neither in that Suite nor any other except the Court of speciall Grace susspend the contempt 79. Imprisonment upon Contempt for matters past may be discharged of grace after sufficient punishment or otherwise dispensed with But if the Imprisonment bee for not performance of any Order of the Court in force they ought not to be discharged except they first obay but the Contempt may be suspended for a time 80. Injunctions Sequestrations Dismissions Reteyners upon Dismissions or finall Orders are not to bee granted upon Petitions 81. No former Order made in Court is to bee altered crossed or explained upon any Petition but such Orders may bee stayed upon Petition for a small stay unti●l the matter may bee moved in Court 82. No Commission for examination of Witnesses shall be discharged nor no examinations or depositions shall be suppressed upon Petition except it be upon point of course of the Court first referred to the Clarkes and Cert●ficate thereupon 83. No Demur shall be over-ruled upon Petition No Scire fac shall be awarded upon Recognizances not enrolled nor upon Recognizances inrolled unlesse it be upon examination of the Record with the Writ nor no Recognizance shall be enrolled after the yeare except it bee upon speciall Order from the Lord Chancello● 85. No writ of Exeat Regnum prohibition consultation Statute of Northampton Certiorari speciall or Procedendo speciall or Certiorari or Procedendo generall more then one in the same cause Habeas Corpus or Corpus cum causa vi laica removend ' or restitution thereupon De cor●natore et viridario elig●ndo in case of a moving De Homine repleg Assiz or speciall Patent Inde ballia amovend ' Certiorari super presentationibus fact coram comm ssariis Seward or ad quod