Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	law_n	lord_n	4,135	5	3.8427	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34787	A perfect and exact direction to all those that desire to know the true and just fees of these courts following viz. The fees of all the offices belonging to the Court of Common Pleas, a table of the prothonotaries fees, the fees of the Chancery, according to the table in the office, the ordinance of the Chancery / by Th. Lord Coventry late Lord Keeper of the great seale of England.	Coventry, Thomas Coventry, Baron, 1578-1640.	1641 (1641)	Wing C6625; ESTC R17316	53,652	158

above ii s. 4. d. For the allowance of a writ of Error upon a judgement xx s. For Baile taken in case of debt after judgement xii s For the allowance of a writ of Error upon a judgement upon a Scire fac and Outlarie after judgement xxxv s. For making the Roll that a writ of Error is allowed on ii s. iii. s. For a Supersid For the transcript of a Record being a Proces 6. s. 8. d. 6. s. 8. d. 14. s. 9. d For every proces more For the retourne of every Certiorar For the seale of every Record of Nisi prius ii s. i. d. For the seale of every Writ sealed in Court i. d. For the seale of every Exemplification ii s. ii d. The Fees following are due to such of the Iudges who doe performe the businesse FOr acknowledging of a Fine or warrant of Attorney for a common recoverie out of Court 6. s. 8. d. For signing every writ of priviledge to remove any cause Habeas corpus procedendo or Supersid upon a Procedendo iv s. For every Baile taken out of Court upon any such writ of priviledge wherein one cause only is retourned ix s. 8. d. For every cause more ii s. For the confession of a judgement out of Court 9. ● 8. d. For every Phillizers Baile and other Baile taken out of Court 9. s. 8. d. For acknowledging satisfaction out of Court 9. s. 8. d. For acknowledging out of Court a Deed to be inrolled 9. s. 8. d. For admission of a Guardian out of Court 9. s. 8. d. For the proofe of a suggestion out of Court for every witnesse 9. s. 8. d. For a warrant for passing of a Fine where there are more than three Cognizors or three Cognizees parties to the Fine iiii s. For every Affidavit taken out of Court upon a forraigne Plea or Rescous ii ● For any other Affidavit taken out of Court viii d. For exhibiting of an Information out of Court viii d. For signing a Bill of costs to award an Attachment for not appearing upon a Subpoena viii d. For granting a Licence to compound upon a penall Law ii s. For assessing of the Kings part of a forfeiture upon a penall Statute after composition with the Informer ii s For the commitment out of Court of a prisoner to the Fleete charged with one cause only 9. s. 8. d. For every Baile taken out of Court upon an Outlarie in debt upon meane proces reversed if the same be xx l. ii s. iv d Divident Fees These Fees following are due to the Lord chiefe Iustice and the other Iudges of the Court of common Pleas by way of Divident FOr confessing of a Judgement in Court vi d. For acknowledging satisfaction in court if the debt or damage doe not amount unto 100. l. vi d. If the debt or damage doe amount to 100. l. xii d. and for every 100. l. after the same rate xii d. For admitting an Infant in court to his Guardian xii d. For reversing an Outlarie in Court for error in the Exigent or retourne xii d. For the like for the insufficiency of the Proclamation or retourne or for want of a Proclamation ii ● For every common Recovery acknowledged in Court vi d. vi d. For a Fine acknowledged in Court For a Baile taken in Court or a Baile or Recognizance acknowledged in Court xii d. For a deed acknowledged in Court to be inrolled for a discontinuance xii d. 9. s. 8. d. For a Prohibition granted For every wager of Law or Nonsuit upon a wager of Law vi d. For admission of an Attourney to be an Attourney of this court xx ● The Puisne Iudges Fees FOr every Fine drawne at the Bar xii d. For a Recovery drawne at the Barre with a single Voucher xviii d. vi d. iiii s. vi s. 8. d For every Voucher more For reversall of an Outlary in court For taking of a privy Verdict For taxing of costs upon every Verdict From the Clarke of the Warrants every Terme to every of the puisne Judges For every Attourney whose name is recorded in the Roll of Attournies every Terme iiii d. For inrolling and examining the parts of a Fine and Writs upon common Recoveries by the Stat. 23. Eliz. vi ● For the Exemplification and examination of the parts of a Fine and VVrits upon common Recoveries by that Stat. v. ● For drawing and entring a rule for an amendment upon that Stat. xii d. For a search made upon the inrollment upon that Stat. iiii d. For a copie of a Fine or Writs inrolled upon common Recoveries inrolled by that Stat. for every sheete iiii d. For the retourne of every writ of Covenant brought to levy a Fine upon x. d. For the retourne of every writ of Entry to suffer a common Recovery every writ of Summons and Seizin thereupon x. d. An ancient Fee of vi s. viii d. for signing of a Dedimus potestatem due to the Judges of any Court who doe assigne the same which is now and of late hath been divided amongst all the Judges that ride the Circuits 6. s. 8. d. These Fees following are due to the Clarkes of the Lord chiefe Iustice and other the Iustices of the said Court TO the Judges Clarke of the Fines for taking of a Fine or warrant of Attourney iii. s. 4. d For certifying of a Fine or retourne of a Dedimus potestatem xvi d. To the Judges Clarke of Bailes for taking every Baile xii d. For entring every caveat to give notice that good Baile may be taken xii d. For satisfaction acknowledged out of Court xii d For a Deed acknowledged out of Court to be inrolled xii d. For the proofe of a suggestion out of Court for every witnesse xii d. iiii d. For an Affidavit taken out of Court For entring into his Booke an Information exhibited out of Court iiii d. For entring into his Booke of costs a warrant signed to award an attachment for not appearing upon a Subpoena iiii d. For entring into his booke a licence so compound upon a penall Law iiii d. For entring into his booke the Kings part of the forfeiture upon a penall Law assessed by the Iudges after composition with the Informer vi d. For entring into a Booke a commitment out of Court of a prisoner to the Fleete charged with one cause only xii d. To the puisne Iudges Clarke of the Inrollments for copying inrolling and examining the parts of a Fine and Writs upon Recovery by the Statute 23. Eliz. 8. s. 4. d. For a search made for an inrollment upon that Stat. viii d. For writing of a Fine or Writs inrolled upon a common Recovery inrolled by that Stat.

habeas corpus 6. s. 8. d. For every baile upon every writ of corpus cum causa or matter of priviledge ii s. For all manner of Certiorar and procedend of course ii s. For every Recognisance or Bond made to the Court ii s. The six Clarkes are to present their Clients causes which are to bee heard either in Court or at the Rolls but neither they nor their under Clarkes nor any other are to take any fee or reward at all therefore but to rest content with their Fees allowed in this table of Fees Ordinances made by Thomas Lord Coventry Lord Keeper of the great Seale of England with the advise and assistance of the right honourable Sir Iulius Caesar Knight Master of the Rolls in the Terme of S. Michael the Archangel in the eleventh year of the raigne of our Soveraigne Lord King Charles for the redresse of sundry Errors Defaults and Abuses in the high Court of Chancery 17. Novemb. 1635. 1. THat Bills Answers Replications and Rejoynders bee not stuffed with repetition of Deeds or writings in haec verba but the effect and substance of so much of them only as is pertinent and materiall to be set downe and that in effectuall and briefe termes that long and needlesse traverses of points not traversable nor materiall causelesse recitals tautologies and multiplication of words and all other impertinencies occasioning needlesse prolixity be avoided and the ancient brevity and succinctnesse in Bils and other pleadings restored and upon any default herein the party and counsell under whose hand it passeth shall pay the charge of the copie and be further punished as the case shall merit 2. When the Defendants have answered the Plaintiffes and their counsell are seriously to advise of the answers and if they finde that upon the answer alone without further proofe there be sufficient ground for an order or decree to proceed upon the answer without further lengthening the cause or if it be needfull to prove one or a few particular points to reply unto those points and not to draw into pleading or proofes any more than those necessary points thereby making long bookes and putting both sides to unnecessary charges the defaulters herein to be punished by paying the charge of the copies or otherwise as the cause shall require 3. That interrogatories for examining witnesses be drawne only upon points materiall and not upon matters which are either consessed in the pleadings or are impertinent and needlesse to be proved That the articles which are usually thrust into the beginning of every Schedule of interrogatories as it were of forme or course touching the witnesses knowledge of parties plaintiffes or defendants of the lands towns places in the pleadings and the like be not so needlesly used as they are but if for crosse examining any witnesse or for other speciall reason it shall be necessary to minister any such question every man is left at liberty to doe therein as much as shall be pertinent and needfull in a d●e and sitting place and if any shall offend against this the party and such as drew the interrogatories shal be punished by paying as much as the other side is by that meanes over-charged in copies and further as the case shall merit 4. When the parties are at issue and doe proceed to examination of witness●s either in Court or by Commission as the interrogatories are to be pertinent and materiall so the witnesses are to be sorted by those that produce them that they may be examined upon such interrogatories as are proper and sit for them and not to examine a multitude of witnesses upon a multitude of questions altogether unknown to them as it is too frequently done upon paine that where any grosse abuse or default herein shall bee made appeare to the Court the defaulter shall pay as much as the other side is by that meanes overcharged in copies and shall be further punished if the Court see cause 5. When a Commission is awarded to examine witnesses if by the default of him that hath the carriage of the Commission or his Commissioners nothing is done he shall beare all the charge that the other side was put unto about that Commission either for Fees of Court bringing or entertaining Commissioners or witnesses or otherwise to be ascertained by the oath of the party or of him that disbursed the money for him and shall renew the Commission at his own charges 6. When a Commission is awarded to examine witnesses and the one side produceth and examineth all his witnesses and the other side doth not but pray a new Commission if it be granted he shall beare as the charge of the renewed Commission both in Court and in the Countrey as well for the charge and entertainment of his owne Commission as of the Commissioners of the other side and the other side shal be permitted to crosse examine the witnesses produced by him that reneweth the Commission but if he will examine any other witnesses of his owne then he shall beare his owne part of the charge the charges herein mentioned to be ascertained by the oath of the party or of him that disbursed the money for him 7. He at whose instance a Commission to examine witnesses after a former Commission executed and returned is once renewed and he by whose default or by default of his Commissioners a former Commission was not executed and thereupon it is renewed shall at his perill examine all his witnesses by that renewed Commission o● examine them in Court by the end of the Terme wherein that renewed Commission is retournable without any more or further delay 8. When witnesses are examined in Court upon a Schedule of interrogatories there shall be no new interrogatorie put in to examine the same witnesses but the witnesses shall be examined only upon such interrogatories as were exhibited before the witnesses to be examined were sworne neither shall any witnesses be examined in Court after the day of publication though they were sworne before so as a copie of the rule of publication be delivered to the examiner whereby he may take know ledge of the publication 9. When witnesses are examined in Court they shall perfect and subscribe their depositions unto such interrogatories as they have answered before they depart from the Examiner or his deputy and shall not be permitted to make any alterations thereof at any time after without leave of the Court unlesse it be in some circumstance of time or the like or for making perfect of a summe upon view of any deed booke or writing which the witnesses shall shew to the Examiner before hee admit of such alteration 10. The six Clarkes who are the only Attournies in this Court ought to informe themselves continually of the state and proceedings of their Clients Causes whereby they may be able to defend their Clients and to give account to the Court as the Attournies in all other Courts doe and not to leave the

care and knowledge thereof upon their under Clarkes who attend not in Court and the Clients and such as follow their Causes are to acquaint their Attournies for that purpose 11. Such as desire to have their Causes set downe for hearing must repaire to the six Clark that is Attourney in the Cause at least six daies before the end of the Term that the six Clark may inform himselfe of the state of the cause of the long or short dependance thereof in Court of the antiquity of publication of the weight or value of the causes and all other circumstances materiall to informe the Lord Keeper or the Master of the Rolls at the time of setting downe of causes and the six Clark may not refuse to offer the same to be set downe if he be attended in such due time as aforesaid nor come unprepared to inform the Lord Keeper or Master of the Rolls of the nature circumstance of the cause aforesaid and neither he nor any of his under-Clarkes nor any other are to take any Fee Gratuity or Reward for the same 12. The Registers in drawing up Orders shall use all convenient brevity according to the manner of ancient times they shall mention the materiall Reports Affidavits and former Orders upon which any new Order is grounded to have been read but shall not repeat the same they shall not unlesse it be by speciall direction of the Court fill any Order with the disputes of Councell nor with reasons and allegations pro con nor mention any reasons but such on which the Court relyed in making the Order and those with brevity and clearenesse and if they deliver a draught or copie of any Order to be perused by Councell if it be not brought back within 24. houres they shall enter the Order without attending any longer for an answer from Councell only they shall forbeare the entries of Decrees and dismissions untill they be signed that the Lo Keeper and the Master of the Rolls may reforme them if there be cause at the signing 13. Whereas the excessive and unnecessary length and charge of writs de executione decreti have been complained of from henceforth unlesse the party that sueth out such Writ shall desire that the whole Decree as it is signed and inrolled be therein recited the writ if it be only for paiment of money shall make no other recitall but to this or the like effect Cum per quoddam Decretum in ●ur Cancellar nostr die Ann●●egni nostri ordinat adjudicatum exist●t quod tu solveres A. B. centum l b. legal monetae Angl. t●b● praec p●mus firmi●er injungend mandamus quod praed centum l●b praefat A. B. debit mod● solvas et hoc nullatenus om●ttas periculo incumbente And if the money by the Decree be payable at certaine daies or places then the same daies and places to be expressed in the Writ without any further recitall and if the Decrees bee for doing other things to be performed by the party or parties to whom the said Writ is directed then no more shall be recited in the Writ but the very decretall order unlesse the decretall order doe in such manner refer to a Report or Certificate as without recitall of those points of the Report or Certificate which are to be performed by the parties to whom the said Writ is directed it will not appeare what is to bee by them performed and in that case so much of the Report or Certificate as is to be performed by the said parties shall be recited and the order confirming the same and no more unlesse it be desired by the party suing out the said Writ and the Fee thereof to bee paid shall be after the rate prescribed in the table of Fees and no more 14. Every demurrer shall containe the causes of the demurrer and the Counsell who set their hands to it are to beware that those causes be not triviall and where a demurrer or plea is grounded upon the substance and the body of the matter it shall be determined in open Court without reference and the Register at the instance of the party demurring shall without any Fee put into the paper of causes after the hearing and assigning a speedy day to every one in order as hee commeth to require it and if the Defendant who demurred make no such instance to the Register within eight daies after the plea and demurrer is put in Court the same without any motion shall be disallowed of course as put in for delay and the Defendant shall pay ordinary costs provided that the Register doe not without speciall warrant put above two of those demurrers into the paper upon one day 15. If the demurrer be grounded only upon some error slip or mistaking in the Bill no Reference shall be made thereof for a week after it comes in but the Plaintife without any motion shall be admitted of course to amend the said error slip or mistaking paying to the Defendant or his Attourney for his use costs as the sixe Clarkes not towards the cause shall thinke fit but if the Plaintife in that time doe not amend or alter it then if the Defendant doe nothing therein within a week following by getting it ruled or referred it shall be disallowed of course without any motion as put in for delay and the Defendant shall pay ordinary costs but if the Plaintife not amending the same as aforesaid it bee ruled against him upon Reference or otherwise he shall pay the ordinarie costs 16. When a Plaintife excepteth to a Defendants answer he shall set down his exceptions in writing and deliver it to the Councell whose hand is to the answer or to the Defendants Attorney in Court and if the Defendants doe within a weeke satisfie the Plaintife of the invalidity of his exceptions or amend the answer in the same time or agree with the Plaintife or his Attourney or Sollicitor to amend it by such a time as shall be agreed on betweene them and doe amend it accordingly without putting the Plaintife to obtain a Reference or make any motion therabouts then the Defendant shall pay no costs and if any Plaintife shall presse and procure a Reference within this time or before this course taken the Reference shall be void as obtained surreptitiously But if the Defendant doe neither satisfie the Plaintife nor amend his answer in manner aforesaid then if upon Reference or otherwise his answer be ruled insufficient he shall pay costs according to the course of the Court. 17. The Masters of the Court shall prefixe convenient but not overlong daies for hearing such matters as are referred to them and at the times prefixed shall proceed without admitting any fained or dilatorie excuses especially that Councell are otherwise imployed or cannot attend or are not instructed there having been notice and time enough allowed or the like and after the daies shall speedily send in their Reports for the case of the Clients